IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Manager, Institute of Engineering And Technology – Appellant
Versus
Bishan Singh S/o Shri Ramji Lal – Respondent
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing of this writ petition, a challenge has been led to the impugned award dated 25.10.2018 passed by the Industrial Tribunal-Cum-Labour Court, Alwar (hereinafter referred as ‘Labour Court’) by which the statement of claim filed by the respondent- workman (hereinafter referred to as ‘workman’) has been allowed and the termination order dated 19.10.2000 has been quashed and set aside and the petitioner is directed to reinstate the workman back in service along with 25% amount of back wages.
2. Learned counsel for the petitioner submits that the workman was engaged as driver in the Educational Institution of the petitioner. The petitioner-institution, due to vacancy on the post of Electrician, shifted the workman on the said post but the workman denied to work there and he himself did not join the services, resulting into abandonment of the services. Counsel submits that the instant case is not a case of termination of service of the petitioner rather it is a case of abdonment of services on the part of the workman. Counsel submits that these facts were not appreciated by the Labour Court while passing the impugned award, hence, under these c
Reinstatement is not automatic in cases of illegal termination; monetary compensation may be awarded instead, especially for short-term employment.
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.
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 is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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 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 is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Reinstatement of workmen is not automatic; courts can award monetary compensation in lieu of reinstatement based on service length and circumstances.
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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