February 3, 2013:
An employer might be guilty of
flouting the drill prescribed by Section 25F of the Industrial Disputes
Act while dismissing a daily wage worker who has put in more than 240
days of continuous service.
But that does not mean he should be invariably reinstated with back-wages.
In Assistant Engineer, Rajasthan Dev. Corporation and another v. Gitam Singh,
the Supreme Court reiterated that the right to be reinstated is
reserved for permanent employees. In other cases, said the Court, award
of compensation for illegal termination would normally meet the ends of
justice. It therefore ordered payment of Rs 50,000 as compensation for
illegal termination while turning down the request for reinstatement
with 25 per cent back-wages.
Source : http://www.thehindubusinessline.com
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