Back
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 :
ANOOP KUMAR DHAND, J.
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.
2. Learned counsel for the petitioner submits that the services of the workman were terminated from 09.08.1984 and the dispute was raised by him after a considerable time of more than 20 years but without considering material aspect of the matter, the impugned award has been passed. Counsel for the petitioner further submits that the dispute has been raised after a considerable delay, and under such circumstances adequate amount of compensation could be granted in favor of the workman in lieu of reinstatement. Hence, modification in the award is required.
3. Per contra, learned counsel for the workman opposed the arguments made by the couns
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.
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
