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AKIL KURESHI, REKHA BORANA
Sub Divisional Officer, Mundawar, District Alwar – Appellant
Versus
Jagdish Prasad Sanwaria – Respondent
ORDER
1. D.B. Civil Misc. Application No.1/2021 in D.B. SAW No.610/2021 and D.B. Civil Misc. Application No.1/2021 in D.B. SAW No.624/2021:-
2. For the reasons mentioned in the applications, the same are allowed. Documents are taken on record.
D.B. Special Appeal Writ Nos. 610/2021, 1729/2019 and 624/2021:-
3. These appeals arise out of common nucleus of facts. Appeal No.610/2021 is filed by the State Government to challenge the judgment of the learned Single Judge dated 24.03.2021 and involves two workmen Jagdish Prasad Sanwaria and Shyoram Singh. The workmen had raised an industrial dispute challenging their termination dated 01.04.2001. The Labour Court came to the conclusion that workmen had worked for more than 240 days in 12 calendar months immediately preceding the date of termination. Their services were terminated without following the procedure as provided in Section 25-F of the Industrial Disputes Act. The Labour Court therefore directed reinstatement with 50% backwages.
4. This award was challenged before the High Court. The learned Single Judge by an impugned order dated 24.03.2021 dismissed the petition upon which present appeal has been filed.
5. In case of Appeal No.624/
The judgment establishes that terminations under the Industrial Disputes Act must adhere to procedural requirements, and failure to do so warrants reinstatement without backwages.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Reinstatement for daily wage workers is not automatic and must be assessed on a case-by-case basis, considering service duration and delay in raising disputes.
Termination of service without compliance with statutory provisions is illegal; compensation awarded in lieu of reinstatement is appropriate considering the workman's retirement.
The judgment establishes the importance of evidence in labor disputes, the presumption in favor of the workman in the absence of employer-produced records, and the application of previous case law in....
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