Back
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 :
ANOOP KUMAR DHAND, J.
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.
2. Learned counsel for the petitioners submits that the workman raised an industrial dispute before the Tribunal by way of filing claim petition stating therein that he was engaged as daily wager w.e.f. 01.01.1990 till 01.04.1994 but without serving any notice, his services were terminated and he was not paid any amount of compensation. It was pleaded in the petition that services of the workman were terminated in violation of the pro
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
