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ALOK MATHUR
Manager Zila Gramodyog Office Sultanpur – Appellant
Versus
Ramesh Chandra Mishra – Respondent
JUDGMENT
Alok Mathur, J.
Heard Sri. Pankaj Patel, learned counsel for the petitioners as well as learned Standing Counsel and Sri. Mahesh Chandra Shukla, learned counsel for the respondents.
2. By means of present writ petition the petitioners have challenged the order dated 25.05.2016, passed by the Labour Court, Faizabad thereby allowing the claim preferred by respondent no. 1 - workman against his termination and has awarded reinstatement alongwith 40% back wages from the date of termination till the date of reinstatement.
3. It has been submitted by learned counsel for the petitioners that respondent-workman was engaged in April, 2003 by the Zila Gramodyog Officer on daily wages on the post of Peon/Chaukidar. It is stated that though no appointment letter was given to the workman but he was engaged on daily wage basis and also was not selected after following any procedure. The respondent no. 1 worked till January, 2004. Against the workman's oral termination, an industrial dispute was raised by the respondent-workman stating that he was recruited on daily wage basis by the Zila Gramodyog Officer by the then Chief Executive Officer - Umesh Chandra Tiwari and his services were ter
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.
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....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
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....
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 reinstatement may not be the automatic consequence of wrongful termination, especially for daily wagers, and awarded monetary compensation in lieu of reinstatement.
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
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 ....
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