Industrial Disputes Act, 1947
Section 11A—Compensation in lieu of reinstatement—Discretion of court—Aim and object of the Industrial Disputes Act is to impart social justice to the workman but the same does not imply or guarantee automatic relief of reinstatement especially in light of the recent shift in law of granting compensation in lieu of reinstatement, especially in cases where granting reinstatement would not serve the purpose and be improper—It is up to the discretion of the Industrial Tribunals or Labour Courts whether to award relief of compensation or reinstatement to the workman as per the facts and circumstances of the case—Under Section 11A of the ID Act, discretion is vested with the Tribunal or the Labour Court to grant relief to the workman byway of awarding compensation in lieu of discharge or dismissal—Vesting of such a discretion with the Tribunal or the Labour Court has been felt necessary in the interest of industrial harmony and peace as in some cases imposition of service of a workman on an unwilling employer might not be conducive to harmony and peace of the industries.
[Para 23 & 27]
Section 11A—Compensation in lieu of reinstatement—Writ—Main grievance of petitioner being, denied reinstatement with full back wages and consequential benefits—Admitted fact that petitioner workman was employed as a daily wager/ muster roll employee with respondent corporation and remained in service for a short period—Petitioner workman was arrested in a murder case and was acquitted by the competent court—A considerable time of thirteen years have lapsed from cessation of employment till when the award was passed and reinstating the workman at this stage may render reinstatement inexpedient and improper—Nothing on record to suggest that petitioner workman was terminated by way of victimization or unfair labour practice—Relief awarded by the Labour Court is in consonance with the latest trend adopted—Impugned award warrants no interference—Petition dismissed.
[Paras 44 to 47]