P.ESAKKIMUTHU (LABOUR CONSULTANT) 30 August 2008
pl.suggest latest SC or Madras HC decisions on the following
" when the opportunity to adduce fresh evidence is not asked for, and when the domestic enquiry is found vitiated by the Labour Court, the remedy available is final order for reinstatement with backwages and all attendant benefits"
H. S. Thukral (Lawyer) 01 September 2008
Yes. Once the inquiry is found vitiated and the employer has not asked to adduce additional evidence in tthe beginning in the pleadings then the Court shall award in favour of workman. Reinstatement is a general rule but the situation has changed now-a-days. In most cases I see, a compensation is being awarded. There is hardly an award where full back wages are awarded.
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