Industrial Disputes Act | Workmen Terminated In Violation Of Retrenchment & Re-Employment Procedure U/S 25G & 25H Entitled To Reinstatement
Case: Gemalbhai Motibhai Solanki V/S Deputy Executive Engineer
Coram: Justice Biren Vaishnav
Case No.: C/SCA/34/2021
Court Observation: “Compensation in lieu of reinstatement will be detrimental to the petitioners who have worked for over a period of 20 years.”
“The Labour Court has rightly followed the normal rule of reinstatement of the workman in his original post as it has found that the order of termination is void ab-initio in law for non compliance with the mandatory provisions of the Act referred to supra (Sections 25F, 25G and 25H of the Act).”
“The respondents are directed to reinstate the workmen in service with continuity of service. However, it is clarified that they will not be entitled to any backwages as they have given up their claims. After their reinstatement, it will be open for the petitioners – workmen to file a representation claiming the benefits of Government Resolution dated 17.10.1988.”
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Keywords
Workmen Terminated, Industrial Disputes Act
