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2011 (4) TMI 1219 - SC - Indian LawsWhether the award passed by Labour Court, Patiala for reinstatement of the appellant set aside and declared that he shall be entitled to wages in terms of Section 17-B of the Industrial Disputes Act, 1947 was correct? Held that:- Appeal allowed. The impugned order is set aside and the award passed by the Labour Court for reinstatement of the appellant is restored. The appellant could hardly be blamed for the delay, if any, in the adjudication of the dispute by the Labour Court or the writ petition filed by the respondent. The delay of four to five years in the adjudication of disputes by the Labour Court/Industrial Tribunal is a normal phenomena. If what the High Court has done is held to be justified, gross illegalities committed by the employer in terminating the services of workman will acquire legitimacy in majority of cases. Therefore, we have no hesitation to disapprove the approach adopted by the High Court in dealing with the appellant's case. The plea of the respondent that the action taken by it is covered by Section 2(oo)(bb) was clearly misconceived and was rightly not entertained by the Labour Court because no material was produced by the respondent to show that the engagement of the appellant was discontinued by relying upon the terms and conditions of the employment.
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