Some Of The Reinstatement Cases Before We Proceed To Actual Case - Karma Global
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Let Us Look At Some Of The Reinstatement Cases Before We Proceed To The Actual Case Of Reinstatement Of Workman  Serving As Medical Representative In Novartis India Limited !


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Karma Management Global Consulting Solutions Pvt. Ltd. one of the top 5 consultancy firms, established in the year 2004, with headquarters in the business district of Santacruz East, Mumbai, India and full scale operation in all the States, having about 200 direct and indirect staff on its roll, is a leading service provider for payroll and payroll compliances, outsourcing, facility services, HR services, Training & Development, Recruitment & Talent Acquisition, Legal and Para legal services, Disputes and Litigation Handling,  Inspection Management and Liaising , Advisory Services , Social , Environment and Vendor Audits, Regulatory Compliances and Governance.

Karma Global over the past few months has become the cynosure of all eyes, in the sense that the galore of awards showered on Karma Global recently for its achievements in various fields, is unbelievable and overwhelming.

Compliance with labour and employment laws have  become one of the most important issues that many establishments  in India have to deal with. Many of the employment disputes result in litigation and takes a prolonged time for effective conclusions.  Karma  Global  is  an Indian HR, Payroll and Compliance  Firm advising clients worldwide on local, regional and  global regulatory compliances in relation to their business goals, business strategies and resolving disputes.

It  gives valuable suggestions and  advice to Corporates, Investors, Institutions,  Contractors,  Establishments, Industries  etc.  on the need for lowering  employment risk across all levels and adhering to the laws of the land. It  has a lot of  expertise on  employment-related compliance issues, as well as day to day support for the Human Resource Services with  in-house Counsels.

Karma Global  is also into  employment agreements and policies, structuring of compensation and benefits, employment aspects of merger and takeover, etc. 

Karma Global ’s force ,  strength and reach has brought in tremendous change over from  its earlier image of being a consultancy firm in the period of 2000 ,  to now embarking on setting strategies,  practices and business transformation abroad in highly regulated markets and competing in the global arena.  

With India over taking UK to emerge as the fifth largest economy in the world and setting to become the third largest by 2029, Karma Global  is all poised for long term value in terms of clients outreach and giving state of the art technology and excellent services to global clients better than ever before.


Let Us Look At Some Of The Reinstatement Cases Before We Proceed To The Actual Case Of Reinstatement Of Workman  Serving As Medical Representative In Novartis India Limited       !



Reinstatement with back wages proper when enquiry is vitiated as violative of principles of natural justice.

Delhi Transport Corporation vs. Sh. Ram Kishan (Ex-Driver). 2010 LLR 394 (Del. HC)


Reinstatement with full back wages would be proper where disciplinary proceedings were quashed being based on vague charge sheet.

Balvinder Singh Nigah vs. General Manager (Operations) Hotel Corporation of India Ltd. 2010 LLR 102 (Delhi HC)


When 20 years have been passed and workman worked for only 2 years, lump-sum compensation would be proper instead of reinstatement.

Executive Engineer, Irrigation & Anr. vs. Raj Kumar & Anr. 2010 LLR 21 (Raj. HC)


Reinstatement justified for erecting temporary hutment though unauthorized by sweeper employee.

Life Insurance Corporation of India & Ors. vs. Presiding Officer, Central Government Industrial Tribunal, Kolkata and Ors. 2010 LLR 296 (Cal. HC)


When appointment not made in prescribed procedure and services terminated illegally, compensation in lieu of reinstatement would be proper.

U.P. Power Corporation Ltd. vs. Presiding Officer/Labour Court II, Kanpur and Others. 2010 LLR 375 (All. HC)


Reinstatement with 50% back wages appropriate in case of oral termination.

U.P. Bridge Corporation Ltd., Lucknow vs. Presiding Officer, Industrial Tribunal, Government of Goa and Others. 2010 LLR 346 (Bom. HC)


No reinstatement when workman failed to prove 240 days working.

Saran Kshetriya Gramin Bank and Another vs. Union of India Through Ministry of Labour, Government of India, New Delhi, Through its Secretary and Others. 2010 LLR 360 (Patna HC)


Even temporary employee when completed 240 days will be entitled reinstatement compensation.

Executive Engineer, Palkhed Canal Division, Nashik vs. Pandharinath Chindu Kale. 2010 LLR 539 (Bom. HC)


When the daily-wager was not appointed on a project, his reinstatement would be proper.

M/s Uttar Pradesh Bridge Corp. Ltd. vs. Presiding Officer, Industrial Tribunal, Goa & Ors. 2010 Lab IC 1515 (Bom. HC)


No reinstatement of the workman who was appointed for a specified period.

Executive Engineer, Works Division, Zilla Parishad, Jalgaon vs. Abdul Sami A. Sayeed and Another. 2010(125) FLR 427 (Bom. HC)


Reinstatement rightly awarded when workman proved that he worked for more than 240 days and sec. 25F of ID Act was not complied with.

Vadia Gram Panchayat vs. Pratapbhai Dadbhai Kotila. 2010 Lab IC 2195 (Guj. HC)


Employee will be entitled to reinstatement without back wages when termination was done without complying the provisions of sec. 25F of ID Act.

Sunita Gupta vs. Nagar Palika Parishad, Sabalgarha, Distt. Morena & Anr. 2010 LLR 847 (MP HC)


No reinstatement with back wages to a person who lost lien on job by remaining absent for more than 3 years without explanation.

Indian Coffee Board vs. Presiding Officer, Labour Court No. X and Another. 2010 LLR 989 (Del. HC)


Reinstatement with full back wages in the case of illegal termination is not a settled law. Workman has to prove unemployment during the period. In this case 25% back wages award was appropriate.

Rohitsinh Vakhatsinh Darbar, C/o Gujarat Audhyogik Kamdar vs. Arvind Rubber-Well Control Ltd. 2010 LLR 940 (Guj. HC)


Reinstatement without back-wages in substituting termination for continuous absence of 101 days, after holding he enquiry, would be appropriate since the workman (now deceased) has worked for a long period and comes from a poor family.

Union of India (Rep. by Chief Workshop Manager), Carriage and Wagon Works, Southern Railway), Madras vs. (1) Registrar, Industrial Tribunal Tamil Nadu, Chennai, (2) P.N. Balasundaram. 2010 LLR 1002 (Mad. HC)


Reinstatement with back-wages to be granted when workman sent medical certificate for sick leave and employer presumed voluntary abandonment. Since factory is closed, one lakh compensation granted.

Universal Cylinders Ltd., Alwar vs. Judge, Labour Court, Bharatpur & Dena Nath Mehto. 2010-II CLR 821 (Raj. HC)


Reinstatement itself connote continuity of service.

Punjab State Electricity Board Workers’ Union, Gurdaspur vs. Industrial Tribunal, Chandigarh and Ors. 2010 LLR 1244 (P. & H. HC)


Even when there is violation of sec. 6N of U.P. ID Act regarding retrenchment, reinstatement is not automatic.

Nagar Nigam, Gorakhpur vs. State of U.P. and Others. 2010 LLR 27 (All. HC)


In case of illegal termination of daily wager, compensation and not reinstatement with back wages would be proper.

Nepal Son of Sh. Khichhu Ram vs. Presiding Officer, Labour Court-III, Faridabad and Anr. 2010 III CLR 565


Is It Mandatory To Conduct A Departmental Enquiry – Prior To Terminating The Services Of A Workman On The Ground Of ‘Loss Of Confidence’ or without conducting an enquiry or without an opportunity to be heard ?

The Principles of Natural Justice  requires that no man shall be punished unheard. Particularly, in any disciplinary action against an employee relating to his performance or behavioral issues, a departmental or domestic enquiry is indispensable before awarding any punishment.

When the imputation is about  misconduct or loss of confidence, it is all the more inevitable to conduct a departmental enquiry affording all reasonable opportunity to the aggrieved person .  Misconducts have to be established against the person.

Let us closely examine the case in particular –     Case Title  – NOVARTIS INDIA LIMITED vs. THE CHAIRMAN CUM PRESIDNG. OFFR. INDUS.TRIB. CUM LABOUR, VSKPTNMAN Citation: 2023 (AP) 17


Brief Facts :

The workman was serving as Medical Representative in Novartis India Limited. In 2001 he was transferred from Kakinada to Davanagere. However the workman requested the management to retain him at Kakinada to look after his aged parents. The request was declined and he was directed to proceed to Davanagere and report for duty with effect from 12.11.2001. Then, the workmen applied for sick leave and he was referred to the Civil Surgeon Government Hospital for a second opinion. The Civil Surgeon examined the workman and told the company that he required 10 days for complete healing.

In November 2001, the management granted 10 days sick leave from 21.11.2001 to 30.11.2001 to the workman. He was directed to report for duty at Devaragere on 01.12.2001. Thereafter, the workman did not report for duty at Devanagere but sent a telegram asking for privilege leave for an unspecified period which was rejected by the petitioner and the workman was directed to report for duty to the Sales Manager on 19.4.2002. But, he did not do so.

In April 2002, the petitioner by its final letter directed the workman to report for duty at Devanagere by 10.00 A.M on 04.05.2002 and warned him that if he failed to report for duty, action will be taken. The workman did not report for duty. The petitioner by order dated 08.05.2002 terminated the services of the respondent workman.

Being aggrieved by the termination order, the workman moved application under Section 2-A (2) of the Industrial Disputes Act before the Industrial Tribunal cum Labour Court mainly on the ground that the termination order came to be passed without conducting any enquiry, no charges are framed and no opportunity  was given to him to put forth his case. It was argued that same is against the principles of natural justice.

The Labour Court on 05.01.2009 held that no enquiry was conducted before passing the termination order and even before the Tribunal, no evidence was  placed in support of its termination by the petitioner. It was held respondent workman’s service was put to an end without following the procedure.

Justice Rao also observed that when punishment is put to judicial review, it should satisfy as to its proportionality to the misconduct.

“All these tests could be applied only when there is employee and a finding. If the management resolves to terminate the services as a measure of punishment  without following the principles of natural justice, thereby avoid judicial scrutiny of the administrative action, the only consequence is to order re order reinstatement of the employees, which is a justifiable order that can be passed in the opinion of the Labour Court,” the court said.

Hence, the court rejected the contention of the counsel for the petitioner that no enquiry need to be conducted before his termination as he himself  absconded from duties, application under Section 2-A2 of the Industrial Disputes Act.

The Labour Court after elaborately considering the contentions of the parties passed well reasoned and articulated Award. It does not suffer from any  legal infirmities,” it said.

In light of the above, the court ruled that decision of the Labour Court to reinstate the workman does not suffer from any error of the fact and law which warrants interference of the High Court by exercising the power of writ of certiorari jurisdiction under Article 226 of the Constitution

Case Title- Novartis India Limited Vs. The Chairman Cum Presidng. Offr. Indus.Trib. Cum Labour, Vskptnman Citation: 2023


CONCLUSION –  The Principle Of Natural Justice Was Flawed By The Peititioner …. !

The Andhra Pradesh High Court has upheld the decision of the Labour Court to reinstate a workman, who was terminated by a private company for  not joining the service on the notified date, without holding the enquiry and following the principle of natural justice.


Can the award of Labour court be challenged in any court of law?

If the industrial award is not satisfactory , award of any tribunal or court can be challenged when there is miscarriage of justice , flagrant violation of law , or violation of principle of natural justice.

Karma Global  is a fully home grown successful Outsourcing and Labour Laws Organization , operating both with contract employees as well as with permanent types of employees who are placed in the numerous locations of the global and domestic clients.

Karma Global has traditionally been a dynamic Regulatory Compliance driven organisation with integrated and upto the mark approach to HR Services.

Karma Global has always set its sights on keeping a tab and interpreting the regulatory changes in the manner required by authorities with  focus on implementation of these new rules coupled with adeptness to sophisticated technology, which has placed them in the top 5 consulting organizations today as far as HR Service Organization is concerned.

Karma Global’s experts sitting in  various  offices and  catering to over 500 clients are fully intertwined with the workflow and processes that are leading most of its clients to convert their value drivers into transformation of their businesses and objectives for effective results.

Karma Global’s technology,   securely integrates regulatory compliance across all types of  businesses  from trading to operations to investor services to financials and banks while also providing the clients the access to these technologies with the power to control  process operations with a dashboard and ready updates on the workflows done monthly and timely as per stipulated dates set by the authorities.

The greatest satisfaction comes from the outflow of communication to clients for future reviews and analysis of the monthly work done with  data visualization tools that surface their  activities done by the professional teams of Karma in its Corporate Headquarters in Mumbai and Branch Offices in Bangalore, Tamil Nadu, Gurgaon, Gujarat, Pune, etc.


Proprietary blog of Karma Global Tech Management LLC

This blog has been collated and compiled by the internal staff of Karma Global with the knowledge and expertise that they possess,  besides adaptation, illustration, derivation, transformation, collection from various sources, for its monthly newsletter Issue 11  of  May   2023 and in case of specific or general information or compliance updates for that matter, kindly reach out to the

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