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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Ram Niwas Son Of Shri Badri Prasad – Appellant
Versus
Executive Engineer, Irrigation Division, District-Dholpur (Rajasthan) – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing of this writ petition, a challenge has been made to the impugned award dated 13.11.2018 passed by the Labour Court, Bharatpur (hereinafter referred to as “the Labour Court”) in LCR No.100162/2004 (162/2004) by which the lump sum amount of compensation of Rs.1,00,000/- has been granted to each of the petitioners in lieu of their reinstatement in service.
2. Learned counsel for the petitioners submits that all the petitioners were engaged as Baldar in the Office of the respondents and they have worked with effect from 01.01.1986 till 01.01.1991 and their services were terminated without issuing any notice and without affording any opportunity of hearing to them, which has resulted in violation of the mandatory provisions contained under Sections 25F and 25G of the Industrial Disputes Act, 1947 (for short 'the Act of 1947').
3. Counsel submits that all the petitioners raised an industrial dispute before the Labour Court and established the fact that their services were terminated in violation of the mandatory provisions contained under Section 25F of the Act of 1947. Counsel submits that even the Labour Court has recorded a finding in this
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
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.
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....
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.
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.
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