ASST. ENGINEER, RAJASTHAN DEV. CORP. & ANR. versus GITAM SINGH

ASST. ENGINEER, RAJASTHAN DEV. CORP. & ANR. versus GITAM SINGH

Reinstatement with continuity and back wages is not justified for a daily wager with only eight months service terminated in violation of Section 25-F; compensation of Rs. 50,000/- is more appropriate to meet the ends of justice.

Parties
Appellant: Asst. Engineer, Rajasthan Dev. Corp.; Respondent: Gitam Singh
Jurisdiction
India
Judgment Date
31 January 2013
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal partly allowed
Legal Topics
Industrial Disputes, Termination of Workman, Reinstatement, Compensation, Section 25 F
Labour Law Industrial Disputes Termination of Workman Reinstatement Compensation Section 25 F

Case Brief

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Parties

Asst. Engineer, Rajasthan Dev. Corp.

Appellant

Gitam Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether reinstatement with continuity of service and 25% back wages is proper relief for a daily wager terminated in violation of Section 25-F of the Industrial Disputes Act, 1947, who worked only for eight months.

Ratio Decidendi

Reinstatement with continuity and back wages is not justified for a daily wager with only eight months service terminated in violation of Section 25-F; compensation of Rs. 50,000/- is more appropriate to meet the ends of justice.

Court Disposition

Appeal partly allowed

Orders

  • Award of reinstatement with continuity of service and 25% back wages set aside.
  • Appellant to pay respondent compensation of Rs. 50,000/- within six weeks; failing which 9% per annum interest applies.