SHRI MOHD. SHAKIR Vs. SUNDER LAL JAIN HOSPITAL

JUDGEMENT

(1.) THE Petitioner has challenged the award dated 23.9.2008 passed by the learned Labour Court -XII in ID No. 411/2004 titled Sh. Mohd. Shakir v. Sunder Lal Jain Hospital, by virtue of which the learned Labour Court although upheld that the termination order dated 16.4.1999 is illegal and unjustified but instead of granting the reinstatement to the Petitioner, it has granted the Petitioner one time compensation of Rs. 3,00,000/ -.

(2.) THE Petitioner has challenged the impugned award on this limited question of grant of one time compensation in lieu of reinstatement by contenting that the learned Labour Court in its order has relied upon conjectures and surmises to say that parties have spread 'venomous fangs' and this has 'bred a mutual distrust' and therefore, would not justify the grant of reinstatement.

(3.) I have heard the learned Counsel for the Petitioner and perused the record. It is now settled by the Apex Court in a number of judgments that once the termination /dismissal of a workman is held to be illegal and unjustified that in itself ipso facto does not result in reinstatement of the workman. The Labour Court in exercise of its powers under Section 11(A) of the Industrial Disputes Act, 1947 instead of granting the benefit of reinstatement can grant one time compensation in lieu thereof. Reliance can be placed on Talwara Cooperative Credit Society Ltd. v. Sushil Kumar : 2008 (9) SCC 486. The Supreme Court has more recently held that relief of reinstatement is a trite and is not automatic nor is the grant of back wages is automatic. The Courts while exercising their power under Section 11A of the Industrial Disputes Act are required to strike a balance in a situation of this nature.