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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Dy Conservator of Forests – Appellant
Versus
Ramavtar – Respondent
Order :
1. Instant petition has been filed by the respondent-workman (hereinafter referred to as ‘the workman’) challenging the award dated 05.07.2017 passed by the Industrial Tribunal-cum-Labour Court, Alwar(hereinafter referred to as ‘the Tribunal’) in LCR No.49/2006 wherein the termination order of the respondent dated 01.04.1994 has been quashed and set aside and the petitioner has been directed to reinstate him back in service with continuity along with 15% back wages.
2. Learned counsel for the petitioner submits that the workman has hardly worked with the petitioner-department for 213 days but this fact was not appreciated by the Tribunal while passing the impugned award. Counsel submits that though the affidavits of two witnesses namely Jaikishan Jat & Nathuram were submitted on the record in this regard but these witnesses could not appear before the Tribunal. Hence, under these circumstances, these witnesses could not be examined by the petitioner due to their absence and the evidence of the petitioner was closed, and thus their affidavits were not read in evidence.
3. Counsel submits that even otherwise also looking to the length of the service of the workman i.e. one year
Reinstatement of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
Compensation in lieu of reinstatement is warranted where termination violates Section 25F, reflecting a judicial trend favoring monetary relief over automatic reinstatement, particularly for daily wa....
Reinstatement is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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.
Monetary compensation can be awarded instead of reinstatement for daily wage workers whose termination is found illegal due to procedural defects, as reinstatement is not automatic.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Compensation, rather than reinstatement, is appropriate for daily wage workers whose termination is found illegal due to procedural defects, especially when no mala fide intent is established.
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