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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Jaspal @ Yashpal – Appellant
Versus
Maharaja Aggarsain Institute of Medical Research and Education – Respondent
JUDGMENT
G.S. Sandhawalia, J.
Present Letters Patent Appeal has been filed by the workman against the order dated 16.04.2018 passed by learned Single Judge in CWP No.6479 of 2014 Maharaja Aggarsain Institute of Medical Research and Education, Agroha and another v. The Presiding Officer, Industrial Tribunal-cum-Labour Court and another'.
2. The learned Single Judge allowed the writ petition filed by the management and set aside the award dated 01.08.2013 (Annexure P-1) passed by the Labour Court and directed that the appellant-workman be paid a sum of Rs. 1 lakh and adjusted the amount which had already been paid vide the interim orders passed earlier. The reasoning given by the learned Single Judge was that since the workman had only worked for 215 days on daily wage basis preceding his date of termination and was working as Beldar-cum-Mali from 12.03.2006 to 12.12.2006, therefore, the period of 240 days was not made out since the holidays and weekly rest had also been wrongly counted by the Labour Court. Reliance was placed upon the judgment of the Apex Court passed in Workmen of American Express International Banking Corporation v. Management of American Express International ban
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
Reinstatement of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
The main legal point established is that continuous work for 240 days entitles a worker to protection under Section 25(F) of the Industrial Disputes Act, but reinstatement may not be the appropriate ....
The main legal point established is that in cases of illegal termination and violation of Section 25-F, the court may order reinstatement without backwages, especially for daily wage workers, and con....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.”
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