Termination of services of a workman who had completed 240 days' service, without compliance of section 25F of the Industrial Disputes Act, 1947, is illegal, attracting reinstatement with back wages - The Industrial Disputes Act, 1947
Compensation is lieu of reinstatement is justified when the post has already been abolished. Public authorities could not claim total immunity and protection from the provisions of sections 25 F and 25 B of the Industrial Disputes Act, 1947 by shielding themselves on account of the fact that the post was not filled up in accordance with the relevant statutory recruitment rules and, therefore, per se the workman could not claim reinstatement.
-Municipal Committee, Karnal vs. Ramesh Chand and Another. 2016 (P&H HC.)
The industrial disputes Act, 1947
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