The High Court dismissed a writ petition challenging a Labour Court award that reinstated a driver illegally terminated by the petitioner. The court held the compensation awarded was not excessive and quashed the writ petition.
The writ petition and connected applications were dismissed; the impugned award was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~53
M/S AUTO WEB PERFORMANCE CARS PVT. LTD. ..Petitioner Through: Mr.Shivanath Mahanta, Advocate.
versus
SHRI BIJENDER ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
VINOD GOEL, J. (Oral)
CM APPL. 19219/2018
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(C) 4981/2018 & CM APPL. 19218/2018 (Stay) & CM APPL. 19220/2018 (additional documents)
Page 1 of 4
WP (C) 4981/2018
termination of services of the respondent was illegal and unjustified and instead of granting reinstatement, the petitioner was directed to pay lump sum compensation of Rs.40,000/- with interest @9% per annum from the date of the award till its payment and Rs.10,000/- as costs of litigation to the respondent.
Page 2 of 4
WP (C) 4981/2018
Page 3 of 4
WP (C) 4981/2018
costs in the facts and circumstances of the case in any manner does not appear to be excessive.
(VINOD GOEL)
JUDGE
MAY 09, 2018
dkb
Page 4 of 4
WP (C) 4981/2018
2 issues framed by the court
Whether the Industrial Adjudicator's award finding the termination of services illegal in violation of Section 25F of the ID Act requires quashing due to procedural irregularities during the proceedin
Whether the lump sum compensation awarded in lieu of reinstatement was excessive.
2 provisions across 2 enactments
M/S Auto Web Performance Cars Pvt. Ltd.
Shri Bijender
Vinod Goel
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
