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INDERJEET SINGH
Child Development Project Officer – Appellant
Versus
Lachcho Ram Meena – Respondent
ORDER :
(Inderjeet Singh, J.)
Instant writ petition has been filed by the petitioners (hereinafter to be referred as "Department") challenging the award dated 19.06.2000 passed by the learned Labour Court, Bharatpur.
2. Brief facts of the case are that the respondent No.1- Workman raised an industrial dispute and after failure of the conciliation proceedings, the State Government made a reference to the learned Labour Court, Bharatpur for adjudication of the dispute. Thereafter, the Workman submitted a claim stating therein that he was appointed by the Department in the year 1989 and he has worked therein till 1992. Thereafter, the Department terminated his services without assigning any reason. The Department filed a reply to the claim petition and submitted therein that the Workman has never completed 240 days in one calendar year and he had left the job as per wish without informing the Department. Thereafter, the Workman as well as the Department submitted the oral and documentary evidence. The learned Labour Court after considering the evidence adduced by the parties comes to a finding that there is no violation of under Section 25(F) of the Industrial Disputes Act, 1947 (herei
Reinstatement is not automatic for procedural violations under the Industrial Disputes Act; monetary compensation may be granted instead.
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
Reinstatement of a daily wage worker is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly considering the worker's age and service duration.
Labour Law - Reinstatement in services – It is trite law that when termination is found to be illegal because of non-payment of retrenchment compensation and notice pay as mandatorily required under ....
The court established that reinstatement is the natural remedy for illegal termination, but monetary compensation may be appropriate for daily-wage workers under certain conditions.
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