G. S. AHLUWALIA
Principal – Appellant
Versus
Pramod Ahirwar – Respondent
ORDER
1. This petition under Article 227 of Constitution of India has been filed against award dated 30.11.2019 passed by Labour Court Court, Sagar (M.P.) in COCA No.131/2017/I.D. Act Reference Reference by which the respondent Workman orkman has been directed to be reinstated with 10% of backwages by way of compensation.
2. It is submitted by counsel for petitioner that Workman orkman raised a dispute and accordingly, the Deputy Labour Commissioner Commissioner by his letter dated 13.10.2017 preferred a Reference to the Labour Court on the question "as to whether the respondent comes under the definition of Workman? If yes, then whether the termination of services of Workman was proper or not? If not, then for what relief the workman is entitled and what instructions are are to be given to the employers?" It is submitted that it was the claim of Workman that he was appointed on the post of Peon with effect from July, 2014. He was being paid only Rs.2000/ Rs.2000/- per month. His performance was upto the satisfaction of the officers and for every calendar year, he had worked for 240 days. Since the Workman had raised a demand for payment of equal pay therefore, therefore, the servi
The main legal point established is that in cases of termination of daily-wage workers due to procedural defects, reinstatement with back wages is not automatic, and monetary compensation may be awar....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
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