MANGILAL JATAV Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) The award of Central Government Industrial Tribunal- cum-Labour Court (CGIT) passed in Case No.CGIT/LC/R/ 130/2001 dated 6.5.2016 is under challenge in this petition. The petitioner/workman is aggrieved by the award and mainly contended that once termination order was found to be in utter violation of Section 25F of the Industrial Disputes Act, 1947 (for short ' ID Act '), the Tribunal should have ordered reinstatement with back wages. Reliance is placed on the judgment of Supreme Court in AIR 2015 SC 357 ( Tapash Kumar Paul vs. BSNL ). In alternatively, it is argued that amount of compensation directed to be paid by the Tribunal is inadequate.

(2.) Per contra, learned counsel for the respondent- department contended that there is no illegality in the award. The petitioner was a daily rated employee and has worked for a period of about two years and; therefore, question of reinstatement does not arise.

(3.) Shri Pranay Choubey, learned counsel for the petitioner placed reliance on 2014 AIR SCW 528 (BSNL vs. Bhurumal) to contend that the amount of compensation is grossly inadequate.