Terminated from government job? You can't reclaim it after accepting compensation – SC

[Informalisation and Labour Rights - Related News]

A terminated employee cannot claim re-employment from the ex-employer after receiving a lump sum as compensation, in lieu of this right of reinstatement, according to a judgement of the Supreme Court in Management of the Barara Cooperative Marketing­ cum Processing Society Ltd vs Workman Pratap Singh. The Society had terminated Singh from services on July 1, 1985. He had challenged the termination order before the Labour Court, which declared that the termination was illegal. The labour court awarded him a lump sum compensation of Rs.12,500 in lieu of his right of reinstatement in service of the Society. However, both Singh and his employer were not happy with the decision of the labour court. They filed writ petitions before the High Court, which rejected both the petitions. Following this, Singh accepted the compensation awarded to him by the Labour Court.