Being termination found illegal due to non compliance of Section 33 (2) (b) of I.D. Act, compensation of 75000 would be appropriate instead of reinstatement because of long period spent in litigation and constrained relations between employer and workmen. - THE EMPLOYEES COMPENSATION ACT, 1923
Termination of service of the workmen would be illegal if it is held to be violation of Section 33 (2) of the Act. When the termination of services of the workmen would be held illegal, in normal course, they would be entitled to reinstatement with back-wages. When the termination is held illegal but considering long period spent in litigation, constrained relations of workmen with management, rival contentions of the parties, relief of reinstatement with back-wages is not proper, workmen may be awarded lumpsum compensation. If the enquiry is not conducted by following the principles of natural justice, termination of services of the workmen on the basis of finding of Enquiry Officer would be illegal.
-Management of Daya Engineering Works (Sleeper) Ltd. Vs. The Workers of Daya Engineering Works (Sleeper) Ltd. and Others. 2019
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