9911796707
TMI Blog2013 (2) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be set aside but an award of reinstatement should not be passed. This Court has distinguished between a daily wager who does not hold a post and a permanent employee. In view of the aforementioned legal position and the fact that the respondents - workmen were engaged as 'daily wagers' and they had merely worked for more than 240 days, relief of reinstatement cannot be said to be justified a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e years, they raised an industrial dispute in the year 1991. The appropriate Government referred the dispute to the Labour Court for adjudication. The Labour Court vide its award dated 27.5.2005 ordered reinstatement of the respondents-workmen on the same post which they were holding at the time of their termination. 4. The award of reinstatement passed by the Labour Court was challenged by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, relief of reinstatement cannot be said to be justified and instead, monetary compensation would meet the ends of justice. 7. Accordingly, the impugned judgment passed by the High Court as also the award dated 27.5.2005 passed by the Labour Court are set aside. We direct the appellant Bharat Sanchar Nigam Ltd. to pay Rs.2 lakhs to each of the respondents in full and final settlement of their c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
