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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Dy. Conservator of Forests – Appellant
Versus
Kalyan Sahay S/o Shri Chhitarman Gurjar – Respondent
| Table of Content |
|---|
| 1. workman engaged as daily wager (Para 1 , 2 , 3 , 4 , 5 , 7 , 8 , 9 , 10 , 11) |
| 2. settled law regarding violation (Para 6) |
| 3. compensation awarded to workman (Para 12 , 13 , 14 , 15 , 16 , 17) |
Order :
1. By way of filing of this instant writ petition, a challenge has been led to the impugned award dated 05.10.2016 passed by the Industrial Tribunal-cum-Labour Court, Alwar (hereinafter referred to as ‘the Tribunal’) in LCR No.600/2006 by which the claim petition filed by the respondent-workman (hereinafter referred to as ‘workman’) has been allowed and his termination order dated 01.04.1994 has been quashed with the directions to the petitioners to reinstate him back in service with continuity along with 15% back wages.
3. The employer in its reply has denied the averments of the claim petition and submitted that the workman worked less than 240 days in the last calender year but this fact was not appreciated by the Tribunal and the impugned award has been passed.
5. Per contra, learned counsel for the respondent opposed the prayer but he is not in a position to controvert the submission with regard to the age of the workman i.e. 57 years.
7. As per the recent trend of jud
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.
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.
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.
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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