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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
General Manager/factory Manager, Shree Cement Ltd. – Appellant
Versus
Anil, Son Of Shri Rehman – Respondent
Order :
(ANOOP KUMAR DHAND, J.)
1. Since common question of law and facts are involved in these writ petitions, hence, with the consent of counsel for the parties arguments have been heard and all these writ petitions are decided by this common order.
2. Challenge has been made by the petitioner-company to the awards passed by the Labour Court/Industrial Tribunal (hereinafter referred to as “Labour Court”) by which the statements of claim submitted by the respondents-workmen (hereinafter referred to as “workmen”) have been allowed and their termination orders have been quashed and set-aside with direction to the petitioner- company to reinstate them in service along-with 40% back-wages.
3. Aggrieved by the aforesaid awards passed by the Labour Court, these writ petitions have been preferred in the year 2017- 2018 wherein by way of passing an interim order in some of the writ petitions, the orders of back-wages have been stayed by this Court. Learned counsel for the petitioner-company submits that during pendency of these writ petitions, applications under Section 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) were submitted before the Labou
Reinstatement of workmen is not automatic; courts can award monetary compensation in lieu of reinstatement based on service length and circumstances.
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.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
Reinstatement is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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 of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
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.
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
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