compensation in lieu of reinstatement needs to be accepted. It is true that the Apex Court in the case of Deepali Gundu Surwase (supra) has culled out a proposition that in cases of wrongful termination of service reinstatement with continuity of service and back wages is the normal rule. The emphasis here would be on the use of phrase ‘reinstatement is the normal rule ’. At the same time, the Apex Court has not laid down this proposition as a rule of thumb. Therefore, if the facts of the case demand that in the backdrop of facts and circumstances compensation in lieu of reinstatement would meet the ends of justice, the Court’s powers are not restricted and compensation in lieu of reinstatement can always be granted. In the present case, as recorded by the Labour Court, the respondents had put in more than 270 days of continuous service prior to their termination. As held by the Honourable Supreme Court in the case of Assistant Engineer, Rajasthan Development Corporation & Another (supra), looking to the short period of service rendered by the respondent with the petitioner Corporation, I am of the opinion that ends of justice would be met if the compensation in lieu of reinstatement as awarded by the Labour Court by the impugned award is granted to the respondents in terms of ratio of the Honourable Supreme Court in the case of Assistant Engineer, Rajasthan Development Corporation & Another (supra).
