RAMESH CHAND Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) VIDE the present writ petition, the petitioner has challenged the findings of the learned Labour Court whereby the Labour Court while holding that the termination of the petitioner was illegal, instead of awarding reinstatement with full back wages and continuity in service has awarded compensation @ 50% of last drawn wages since 14th January, 2008 (date of filing claim) till the date of passing of an award.

(2.) THE contention of the petitioner is that whenever the termination of workman is found to be illegal, the order of reinstatement is the natural consequence and is a normal rule. It is submitted that any deviation from the normal rule is bad in law. It is submitted that he has been denied the reinstatement on the grounds that more than 7 years have passed since the date of termination, it is submitted that the delay is not attributable to him. Within one month of his termination of services, he had raised dispute and filed the claim under Section 2(A) of Industrial Disputes Act before the Labour Court and it was the Labour Court who took three and a half years to decide the matter and matter was decided by the Labour Court only when a direction dated 08.09.14 had been issued for expeditious disposal by this court in WP(C) No. 5935/2014 titled as Shri Ramesh Chander Vs. Presiding Officer Labour Court -V and Anr.

(3.) IT is submitted that the order of the learned Labour Court therefore needs modification and it is prayed that the order for reinstatement of the workman with continuity in service and back wages be passed.