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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Ram Kishan S/o Sharvan Lal Khumhar – Appellant
Versus
Director, Animal Husbandry Department, Jaipur – Respondent
ORDER :
1. Defects pointed out in some files are ignored and overrurled.
2. All these writ petitions were filed against the award passed by the Labour Court in different LCR matters on a reference made by the Labour Department. Since the issue is identical and similar, therefore, we are disposing of these writ petitions by a common order.
3. These writ petitions were filed with the following prayers:
S.B. Civil Writ Petition No. 5462/2021:
(a) The writ petition may kindly be allowed and the impugned order dated 4.3.2021 passed by learned tribunal and labour court, Jaipur in LCR no.269/2017 (old no. 88/2013) may kindly be quashed and set aside to the extent of awarding compensation of RS.25000/- in lieu of reinstatement of petitioner in services and the respondent may be directed to reinstate petitioner in services with continuity with full of back wages with all consequential benefits.
(b) The petitioner be also granted all the benefits alongwith 24% interest.
S.B. Civil Writ Petition No. 5941/2021:
(a) The writ petition may kindly be allowed and the impugned order dated 4.3.2021 passed by learned tribunal and labour court, Jaipur in LCR no.270/2017 (old no. 89/2013) may kindly be quashed
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
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.
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair pra....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
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