TMI Blog1985 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... dustrial dispute between the management of M/s Lufthansa German Airlines and its workmen, Shri Sant Raj and Shri Itwari Lal Sherya, for adjudication to the Labour Court at Delhi. It reads as under Whether the termination of service of S/Shri Sant Raj and Itwari Lal Sherya is illegal and/or unjustified and if so to what relief are they entitled ? The Labour Court, after an exhaustive and in-depth examination of rival contentions, held that the termination of services of the afore-mentioned two workmen constituted retrenchment within the meaning of section 25F read with section 2(oo) of the Industrial Disputes Act, 1947 ( Act , for short), and as the provisions of section 25F have not been complied with, the termination of service wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Tin Works Pvt Ltd. [1979] 54 FJR 14 (SC)). The Labour Court has, however, the discretion to award compensation instead of reinstatement if the circumstances of particular case are unusual or exceptional so as to make reinstatement inexpedient or improper. (See Hindusthan Steel Ltd. v. A. K. Roy [1971] 40 FJR 292). In the present case, the Labour Court having held that the termination of services of the appellants would constitute retrenchment and as the prerequisite for a valid retrenchment having not been satisfied, the termination of service was bad, yet in the facts of the case in his discretion declined to grant the relief of reinstatement. Whenever it is said that something has to be done within the discretion of the authority th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who appeared for the respondents, attempted to take us through the evidence with a view to persuading us that the employer, even if it acted contrary to law, should not be burdened with reinstatement because it had lost confidence in the appellants. The employer is a foreign air transport company. The workmen were loaders posted at Delhi Airport. In this farfetched hierarchical relationship, loss of confidence, if it is to be considered relevant factor, would have hardly impressed us. However, as the workmen are out of job from 30th August, 1973, i.e., roughly for a period of 12 years, it is in their own interest that instead of reinstatement in service under an unwilling, if not a hostile employer, adequate compensation would meet the end ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll, at the time of payment, deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessee under this head for that financial year . If, therefore, the employer proceeds to deduct the incometax as provided by section 192, we would like to make it abundantly clear that each appellant would be entitled to the relief under section 89 of the Incometax Act, which provides that where, by reason of any portion of the assessee's salary being paid in arrears or in advance or by reason of his having received in any one financial year salary for more than 12 months or a payment which under the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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