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1971 (2) TMI 111 - SC - Indian LawsWhether relief by way of payment of compensation should’ not be substituted for the relief by way of reinstatement granted by the Labour Court to the workman, H. P. Bhagavati, Store, Clerk? Held that:- Unable on the existing record to sustain the appellants submission that the order of reinstatement made by the Labour Court suffers from any legal infirmity justifying its substitution by an order of payment of compensation to the workman. A suggestion has been thrown by Shri Chagla that in all probability the employee must have secured employment elsewhere as he could not have remained idle all these years an payment of compensation in place of reinstatement would, therefore, cause him no prejudice. On behalf, of the employee it is denied that he had been employed anywhere else during this period. In our opinion, this matter being controversial should have been raised before the Labour Court and we are not in a position to express any opinion on it in the present proceedings. Appeal dismissed
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