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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Deputy Forest Conservator, Forest Department, Sikar – Appellant
Versus
Madan Lal S/o Shri Ganga Ram Balai – Respondent
| Table of Content |
|---|
| 1. arguments for reinstatement (Para 2 , 3) |
| 2. considered the material (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. employer directed to pay (Para 13 , 14 , 15 , 16) |
Order :
1. The instant petition has been preferred challenging the impugned award dated 20.06.2016 passed by the Labour Court-II, Jaipur (for short, 'Labour Court') by which the termination order of the respondent was set aside with direction to the petitioner to reinstate the workman (hereinafter referred to a respondent) with continuity of service.
3. Per contra, learned counsel for the workman opposed the arguments made by the counsel for the petitioner and submitted that the workman was appointed as Cattle Guard on 01.11.1979 and without giving any compensation amount, his service was terminated on 09.08.1984, in contravention with Provisions contained under Section 25-F, 25-G, and 25-H of the Industrial Disputes Act, 1947 (for short 'Act of 1947'). Counsel for the workman submits that under these circumstances the industrial disputes was raised by the workman before the Labor Court and the Labour Court has passed a justified award directing the petitioner to reinstate the workman with continuity in se
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
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....
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 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.
Reinstatement of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
Reinstatement of workmen is not automatic; courts can award monetary compensation in lieu of reinstatement based on service length and circumstances.
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