SANT RAJ Vs. O P SINGLA

JUDGEMENT

(1.) Secretary (Labour) Delhi Administration referred the following industrial dispute between the management of M/s Lufthansa German Airlines and its workmen Shri Sant Raj and Shri Itwari Lal Sherya for adjudication to the Labour Court at Delhi. It reads as under

(2.) The Labour Court while proceeding to quantify the compensation observed that 'the termination of services of the two workmen was bona fide and not a colourable exercise of power in accordance with the service rules and then proceeded to award one year's wages as compensation' for the failure of the employer to comply with the requirements of provisions contained in S. 25F of the Act. The workmen have filed this appeal by special leave.

(3.) Ordinarily where the termination of service is found to be bad and illegal, in the field of industrial relations a declation follows that the, workman continues to be in service and has to be reinstated in service with full backwages. [See Hindustan Tin Works Pvt, Ltd. v. Employees of Hindustan Tin Works Pvt. Ltd. (179) 1 SCR 563 : (AIR 1979 SC 75)]. The Labour Court has, however, the discretion to award compensation instead of reinstatement if the circumstances of a particular case are unusual or exceptional so as to make reinstatement in expedlent or improper. [See Hindustan Steels Ltd., Rourkela v. A. K. Roy (1970) 3 SCR 343: (AIR 1970 SC: 1401)].