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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Bajrang Lal Yadav, S/o. Shri Parabhatram Yadav – Appellant
Versus
Registrar, Rajsthan University, Jaipur – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. Aggrieved from denial of relief of reinstatement while passing award dated 20.08.2024 in LCR Case No.45/2007 (CIS No.734/2019) by the Labour Court-First, Jaipur, the instant writ petition is filed by the petitioner-workman with following prayer:-
"1. The impugned award dated 20.08.2024 passed by Ld. Labour Court First, Jaipur in Case No. L.C.R. 45/2007 (C.I.S. NO. 734/2019) titled as Bajrang Versus Registrar & Anr., may kindly be modified and the statement of claim filed by the petitioner may kindly be allowed in toto and the petitioner may kindly be reinstated in service with all consequential benefits in place of the compensation of Rs.1,00,000/- awarded by the Ld. Labour Court for the petitioner, in the interest of justice.
2. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner."
2. Learned counsel for the petitioner has submitted that the petitioner was appointed on 29.03.2004 and the petitioner has joined on 01.04.2004, but on 02.03.2005, the petitioner was forced to resign and his services were discontinued thereafter. He further submitted that the petition
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
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.
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