HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN , J.
Shri Abdul Jabbar, Son Of Shri Abdul Gaffar - Petitioner
Versus
The Tehsildar, Pachpahad, District Jhalawar - Respondent
S.B. Civil Writ Petition No. 13461 of 2025
Decided On : 24-03-2026
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 appropriate writ, order or direction, which this Hon'ble Court deems just and proper, may kindly be passed in favour of petitioner."
2. Learned counsel for the petitioner submits that the petitioner has worked with respondent from 13.11.1998 to 12.05.2001 and learned Labour Court in its award has declared the termination of petitioner on 12.05.2001 as unfair and illegal, but instead of reinstatement has directed for payment of lump sum compensation of Rs. 2,50,000/-. He also submits that the petitioner is entitled for reinstatement as the petitioner has raised the dispute without any delay and the dispute was pending before the Conciliation Officer and thereafter before the Labour Court. He, while referring the judgment in case of Amit Kumar Dubey Vs. MPPKVV Co. Ltd. and Anr. : Civil Appeal No. 1198 of 2025 (Arising from SLP (Civil) No. 20902/2024), he submitted that if an order of reinstatement is not passed in favour of the petitioner, then at least the petitioner be awarded lump sum compensation @ Rs. 1,50,000/- per annum.
3. Aforesaid contentions were opposed by the learned counsel appearing on behalf of the respondent and he submitted that learned Labour Court has considered a fact that the petitioner was engaged on contractual basis through some agency and there is no direct engagement. He also submits that the compensation awarded by the Labour Court is too much and petitioner is not entitled for any further relief from this Hon’ble Court.
4. Heard learned counsel for the parties and perused the material placed on the court.
5. Brief facts of the case are that the petitioner-workman has raised a dispute on the ground that he worked as driver from 13.11.1998 to 12.05.2001 and without any reason his services were terminated. The Conciliation Officer has made a reference on 19.01.2004 to the Labour Court, Kota, which decided the reference on 09.04.2008 and declared the termination dated 12.05.2001 as unfair and illegal and directed the respondent to reinstate the petitioner. The respondent has challenged the award by filing S.B. Civil Writ Petition No. 3113/2009. The petitioner has also filed S.B. Civil Writ Petition No. 15117/2020, and both the writ petitions were decided by a Co-ordinate Bench on 19.02.2025. As a result, the award dated 09.04.2008 passed by learned Labour Court, Kota, was quashed and the matter was remitted to the Labour Court for decision afresh. Pursuant to the remand order, the Labour Court has decided the reference afresh on 27.06.2025. The Labour Court has declared the termination dated 12.05.2001 as unfair and illegal but instead of reinstatement, has directed compensation of Rs. 2,50,000/-. This award has not been challenged by the respondent. The petitioner has challenged on two grounds. Firstly, denial of relief of reinstate
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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