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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
IQBAL HUSSAIN – Appellant
Versus
JUDGE LABOUR COURT ANDANR – Respondent
No, the judgment is not indicated as having been challenged further.
This is the final order of the High Court of Rajasthan (Jaipur Bench) dated 17.11.2025 in S.B. Civil Writ Petition No. 602/2009, which allows the writ petition, quashes the Labour Court's award dated 02.08.2008, declares the termination illegal due to violation of Section 25F of the Industrial Disputes Act, and directs reinstatement with continuity of service and 50% back wages (up to the date of the order, with full wages thereafter). (!) (!) (!) (!) (!) (!)
The order directs immediate compliance, disposes of pending applications, and lists the matter after three months solely for compliance verification, with no reference to any appeal, review, or further challenge. (!) (!) (!)
| Table of Content |
|---|
| 1. challenge to labour court decision on employment duration. (Para 1) |
| 2. arguments regarding employment duration and termination validity. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. court's analysis on employment duration and evidence. (Para 8 , 9 , 10 , 11 , 12) |
| 4. conclusions on reinstatement and back wages. (Para 13 , 14 , 17 , 18 , 19 , 20) |
| 5. legal principles of reinstatement following unlawful termination. (Para 15 , 16) |
ORDER :
1. The instant writ petition has been filed by the petitioner-workman with a challenge to the award dated 02.08.2008 passed by the learned Labour Court, Kota in LCR No.46/98 whereby, statement of claim filed by the petitioner has been rejected on the ground that the petitioner has not worked for required 240 days in the preceding 12 calendar months under the respondent-employer.
2. Learned counsel for the petitioner submits that the findings of the learned Labour Court as regards not working with the respondent-employer continuously for 240 days in the preceding 12 calendar months of the alleged termination of the services w.e.f. 01.03.1996 is wholly arbitrary and contrary to the facts on record. He further submits that the petitioner was engaged by th
Termination without proper compliance with statutory requirements leads to reinstatement and back wages for unjustly terminated workers.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
The main legal point established in the judgment is the onus on the workman to establish completion of 240 days in a year and the principles for awarding reinstatement and backwages.
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
The interpretation of 'continuous service' under Section 25-F of the Industrial Disputes Act includes all days worked, and any termination without following due process is deemed illegal.
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