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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
State of H.P. – Appellant
Versus
Roop Chand – Respondent
| Table of Content |
|---|
| 1. right to reinstatement under the industrial disputes act (Para 1) |
| 2. contention regarding evidence of 240 days work (Para 3 , 4) |
| 3. distinction between daily wage and bill-based workers (Para 5) |
| 4. finality of labour court's decision (Para 6) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Learned Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala held the respondent entitled to reinstatement on daily wage basis from the date of his disengagement alongwith seniority and continuity in service. Respondent was also held entitled to compensation of Rs.50,000/- in lieu of back wages. The aforesaid award passed by the learned Labour Court on 05.04.2025 has been challenged by the State in the present writ petition.
2. Heard learned Additional Advocate General and considered the case file.
3. Following reference was sent for adjudication before the learned Labour Court: -
"Whether termination of daily/bill basis services of Shri Roop Chand S/O Shri Ruwalu Ram, R/O Village & P.O. Gopalpur, Tehsil Sarkaghat, District Mandi, H.P. w.e.f. August, 2015 by the Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P., without complying with the provisions of the Ind
The court emphasized that the designation of a worker does not alter their rights under employment law when evidence indicates they meet statutory qualifications for protection.
Rule 33 which prohibits an employee from taking employment elsewhere. Indeed, it was not even the pleaded case of the management that during the period of suspension, the appellant had left the Headq....
Reinstatement for daily wage workers is not automatic and must be assessed on a case-by-case basis, considering service duration and delay in raising disputes.
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
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....
Workman - Order of Reinstatement - Labour Court has not committed any error of law and facts in passing order of reinstatement of workman as a daily wager “Sweeper”.
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.
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