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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Abdul Jabbar, Son Of Shri Abdul Gaffar – Appellant
Versus
Tehsildar, Pachpahad, District Jhalawar – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. The instant writ petition is filed by the petitioner with following prayer:-
"a) by an appropriate writ, order or direction, the Award dated 27.06.2025 (Annx.3) passed by the Labour Court, Kota in Reference Case No. LC- 24/2004 Abdul Jabbar Vs. Tehsildar, Pachpahad may kindly be modified suitably and the relief of reinstatement in service may kindly be granted to petitioner with all consequential benefits.
b) If the relief of reinstatement in service is not considered as practical and reasonable then in the alternative by an appropriate writ, order or direction the amount of fringe benefits i.e. monetary relief of lump sum amount of Rs. 2.50 lacs as compensation in lieu of relief of reinstatement may kindly be suitably increased to a lump sum of amount of Rs. 5.50 lacs and a further condition may be imposed that if the amount of compensation awarded to petitioner is not paid within the time period fixed by the Hon'ble Court, the petitioner would be entitled to get interest from date of Award (Annx. 1) on the sum awarded at the rate of interest 18% per annum.
c) The cost of the litigation throughout may kindly awarded to the petitioner; and d) Any other ap
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
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.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
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