Disputes Act, then reinstatement is not automatic. It is also settled principle that in case of daily wager, if he is reinstated, the employer has every right to follow the procedure of Section 25-F of the Industrial Disputes Act and retrench the workman from service. The Apex Court has also observed in catena of decisions that, in such a situation, the workman may be awarded monetary lumpsum amount instead of reinstatement. Therefore, in this case also, considering the life span and the long period of proceedings from the stage filing of the reference till today, no purpose would be served by reinstating the workman, however, as there is technical breach of Section 25-F of the Industrial Disputes Act, monetary compensation in lieu of reinstatement can be granted to meet the ends of justice. In view of the facts and circumstances of the present case and the fact that workman was drawing Rs.74/- per day at the relevant time, and considering long passage of almost 30 years, as well as considering the judgment of the Apex Court in the case of Tapash Paul Vs. BSNL and another reported in 2016 (1) Scale 92 and BSNL Vs. Bhurumal reported in 2014 (7) SCC 177 , in the opinion of this Court, if Rs.1,50,000/- is awarded as lumpsum compensation instead of reinstatement it will meet the ends of justice.
