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MILIND RAMESH PHADKE
Ashok Kumar – Appellant
Versus
Municipal Council Dabra – Respondent
ORDER
1. The present petition, under Article 226/227 of the Constitution of India has been filed by the petitioner/workman being aggrieved by the Award dated 20.3.2020 passed by the Labour Court No.1, Gwalior whereby compensation of Rs.50,000/- in lieu of reinstatement and backwages, has been awarded.
2. Challenging the Award passed by the Court below, the counsel for petitioner has submitted that the respondent did not file any document to prove that the petitioner, who being appointed as Labour in the Municipal Corporation, Dabra on 20.8.2013 has worked for more than 240 days in a calendar year (from 20.8.2013 to 12.7.2015) and as the respondent was in possession of every document, it should had proved that the petitioner has not worked for the said statutory period since it is well established principle of law that if a party, who is in possession of best evidence, fails to produce the same then, an adverse inference is to be drawn against it, but even though it was held that the petitioner was illegally retrenched, he was not reinstated with back-wages. In alternate, it was argued that the compensation in lieu of reinstatement is meagre and it should have been in conformity with
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.
Reinstatement is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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