Assertion (A) : In an illegal termination of workman the reinstatement of workman in service does not appear to be an acceptable option in all cases. The monetary compensation may sufficiently meet the ends of justice.
Reason (R) : The compensation in lieu of reinstatement is the normal rule.
Evaluating Assertion (A): Reinstatement in Illegal Termination
Assertion (A) posits that reinstatement is not always the best recourse for illegally terminated workmen, suggesting monetary compensation might be adequate. This is factually correct. Legal practice acknowledges that restoring an employee to their position isn't always feasible or desirable due to factors like strained relationships or organizational changes. In such scenarios, financial compensation can indeed serve justice effectively.
Evaluating Reason (R): Compensation as the Normal Rule
Reason (R) claims that compensation in lieu of reinstatement is the standard procedure. This is generally false. Labor laws typically prioritize reinstatement as the primary remedy for wrongful termination, aiming to restore the employee's status quo. Compensation is often awarded when reinstatement is impractical or inequitable, but it is not considered the default or 'normal' rule.
Determining the Correct Option
Based on the analysis:
- Assertion (A) holds true as reinstatement isn't universally applicable or the sole equitable solution.
- Reason (R) is false because reinstatement, not compensation, is generally considered the primary rule in wrongful termination cases.
Thus, the correct conclusion is that Assertion (A) is true, and Reason (R) is false.
Important Questions from Trade Unions
- The Industrial Disputes Act, 1947 has provided a machinery for settlement of industrial disputes. Which amongst the following machinery has NOT been provided under the Act ?
Who among the following was the first one to use the term 'Collective Bargaining?
In the context of regional economic integration, which of the following equations is not correct?
Which one of the following types of strike is without the consent of official of union?
Which of the following statements is/are true ?
(i) The concept of wage boards was first enunciated by the Minimum Wage Committee.
(ii) A wage board is bipartite in character.
(iii) Representatives of employers and workers on wage board are appointed by the government after consulting the concerned organisations.
Choose the correct answer from the code given below :
