LAW FOR ALL

Service Matter - Removed from service as the Conductor misappropriated the Tickets amounts - Criminal case resulted in Acquittal - entitled for reinstatement - Filed petition in Labour court for reinstatement after acquittal - Decided as Time Barred - Apex court held that in Surendra Kumar Verma v. Central Government Industrial Tribunal-cum-Labour Court, New Delhi (supra) and observed: Plain common sense dictates that the removal of an order terminating the services of workmen must ordinarily lead to the reinstatement of the services of the workmen. It is as if the order has never been, and so it must ordinarily lead to back wages too...... In such and other exceptional cases the court may mould the relief, but, ordinarily the relief to be awarded must be reinstatement with full back wages. That relief must be awarded where no special impediment in the way of awarding the relief is clearly shown. True, occasional hardship may be caused to an employer but we must remember that, more often than not, comparatively far greater hardship is certain to be caused to the workmen if the relief is denied than to the employer if the relief is granted.” In view of the foregoing reasons, the award of the Labour Court and the judgment & order of the High Court are highly erroneous in law. Therefore, the same are required to be interfered with by this Court in exercise of the appellate jurisdiction as there is miscarriage of justice for the workman in this case. The respondent is directed to reinstate the appellant-workman with back wages from the date of raising the industrial dispute i.e. 02.03.2005 till the date of his reinstatement with all consequential benefits such as continuity of service, wage revisions and other statutory monetary benefits as the respondent has been litigating the dispute without tenable and acceptable reason; and Since the appellant-workman was compelled to take on this long battle of litigation to get his rights enforced from the Court of law, the respondent is directed to implement this order within six weeks from the date of receipt of the copy of this Judgment.= CIVIL APPEAL NO. 8434 OF 2014 (Arising out of SLP(C) NO. 22487 of 2012) RAGHUBIR SINGH ………APPELLANT Vs. GENERAL MANAGER, HARYANA ROADWAYS, HISSAR ………RESPONDENT = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41871