Case: Rashtrasant Tukdoji Maharaj Technical Education Sanstha, Nagpur Vs. Prashant Manikrao Kubitkar

1. Leave granted. The labour Court held the termination of the Respondent workman to be in infraction of Sections 25F and 25G of the Industrial Disputes Act, 1947 and awarded reinstatement with continuity in service but without back wages. The approach to the Labour Court was after 13 years of the termination made on 1st June, 1994. The High Court in writ petition filed by the Appellant affirmed the said order. Hence the present appeal.2. The Respondent workman had worked under the Appellant for a period of two years and three months whereafter he was terminated on 1st June, 1994. Judicial opinion has been consistent that if the termination is found to be contrary to Sections 25F and 25G of the Industrial Disputes Act, 1947 reinstatement in service is not the rule but an exception and ordinarily grant of compensation would meet the ends of justice.3. The Respondent workman in the present case had worked for a period of two years and three months and that apart he had approached the labour Court after 13 years.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]2. The Respondent workman had worked under the Appellant for a period of two years and three months whereafter he was terminated on 1st June, 1994. Judicial opinion has been consistent that if the termination is found to be contrary to Sections 25F and 25G of the Industrial Disputes Act, 1947 reinstatement in service is not the rule but an exception and ordinarily grant of compensation would meet the ends of justice3. The Respondent workman in the present case had worked for a period of two years and three months and that apart he had approached the labour Court after 13 years.