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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANOOP KUMAR DHAND
Executive Director, Shri Ram Fertilizers and Chemicals – Appellant
Versus
President, Shri Ram Khad Program Employees Union, Jaipur – Respondent
ORDER :
1. Since common question of law and facts are involved in these writ petitions, hence, with the consent of counsel for the parties, arguments have been heard together and both the writ petitions are being decided by this common order.
2. For the sake of convenience, the facts pleaded and the prayer mentioned in S.B. Civil Writ Petition No.14231/2021 are taken into consideration.
3. The instant writ petitions have been preferred with the following prayer:-
“It is, therefore, most humbly prayed that this petition may be allowed and by issuing an appropriate writ, order or direction, the impugned Award dated 26.7.2021 passed by the Presiding Officer, Industrial Tribunal, Rajasthan, Jaipur in case No. ITR 55/93 as also the directions given therein against the petitioners being illegal, arbitrary, unreasonable be quashed and set aside.
This Hon’ble Court may also be graciously pleased to pass any other and further order or direction as may be deemed just and proper in the facts and circumstances of the case in favour of the humble non-applicant petitioners.”
4. By way of filing these writ petitions, a challenge has been made to the impugned award dated 26.07.2021, passed by the Indust
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
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, 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.
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
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