Appellant-workman raised dispute about his illegal termination. On reference, industrial Tribunal awarded him compensation in lieu of reinstatement after observing that he had declined to join duty when specific offer to that effect was given by employer during conciliation proceeding. Appellant challenge to the same by writ petition is dismissed by learned Single Judge and hence this writ appeal, wherein submission is that appellant was willing to join duty as in the scale of skilled worker.
Appellant was admitted working as a helper and was drawing a salary of Rs 750/- p.m. . He was paid salary in the presence of Labour Inspector and he had never raised any objection while receiving the salary and to his designation being shown as helper. The appellant should have joined duty as helper under protest if he was of opinion that he as entitled to higher designation/ salary but he did not do do. In similar circumstances, Supreme Court in the case of Central P. & D. Ins. Ltd v. Union of India AIR 2005 SC 633 held that compensation should be granted instead of reinstatement.
In veiw of above, there is no force this appeal and it is dismissed.
Triloki Nath (Shri) v. Dharam Pal Arora & Anr. H.C.D.B. Del. 2007 I LLJ 578
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