9911796707
TMI Blog2007 (12) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... , Labour Court in his award dated 30th November, 2002. On the said premise, the termination of services of the appellant was found to be illegal. It was directed : since the date of adopted this award employee Shree Mehboob Deepak s/o Shri Varan Singh shall be reestablished on his post in the investigation of old service and the other facililities or payment of the middle period after discharging date along with which he were obtain in service period should be paid. It is difficult to understand the reasoning of the learned Presiding Officer, Labour Court. 3. The High Court, however, by reason of the impugned judgment passed in the writ petition filed by the respondent herein set aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nent. In any event, it was urged, as the statutory requirements for valid termination of service have not been complied with, the award of the Presiding Officer should be restored. 5. The High Court, in its impugned judgment, inter alia, took into consideration the purported misconduct committed by the appellant herein. If services were to be terminated on the ground that he was involved in financial irregularities, a departmental proceeding was required to be initiated against him. As indicated hereinbefore, he was asked not to join his duties w.e.f 16.7.1989. 6. Such termination of service, having regard to the fact that he had completed 240 days of work during a period of 12 months preceding the said date, required compliance of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of retrenchment, the same would not mean that his services were liable to be regularized. 10. Applying the legal principles, as noticed hereinbefore, the relief granted in favour of the appellant by the Labour Court is wholly unsustainable. The same also appears to be somewhat unintelligible. 11. The High Court, on the other hand, did not consider the effect of non- compliance of the provisions of Section 6N of the U.P. Industrial Disputes Act, 1947. Appellant was entitled to compensation notice and notice pay. 12. It is now well settled by a catena of decisions of this Court that in a situation of this nature instead and in place of directing reinstatement with full back wages, the workmen should be granted adequate monetary compensat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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