DISTRICT DEVELOPMENT OFFICER & ANR. versus SATISH KANTILAL AMRELIA

DISTRICT DEVELOPMENT OFFICER & ANR. versus SATISH KANTILAL AMRELIA

For a daily wage worker with short tenure, terminated over 25 years ago, without evidence of unfair practice or violation of 'last come first go,' it is just and reasonable to provide lump sum monetary compensation rather than order reinstatement, applying s.11-A and Supreme Court precedent.

Parties
Appellant: District Development Officer & Anr.; Respondent: Satish Kantilal Amrelia
Jurisdiction
India
Judgment Date
28 November 2017
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Gujarat High Court; Modification of Labour Court Award
Outcome
Appeals partly allowed; modification of Labour Court award
Legal Topics
Termination of Workman, Monetary Compensation, Daily Wage Employment, Industrial Disputes Act
Labour and Employment Termination of Workman Monetary Compensation Daily Wage Employment Industrial Disputes Act

Case Brief

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Parties

District Development Officer & Anr.

Appellant

Satish Kantilal Amrelia

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Gujarat High Court; Modification of Labour Court Award

Legal Issues

  1. 1 Legality and propriety of termination of daily wager under Industrial Disputes Act
  2. 2 Entitlement to reinstatement and back wages versus monetary compensation

Ratio Decidendi

For a daily wage worker with short tenure, terminated over 25 years ago, without evidence of unfair practice or violation of 'last come first go,' it is just and reasonable to provide lump sum monetary compensation rather than order reinstatement, applying s.11-A and Supreme Court precedent.

Court Disposition

Appeals partly allowed; modification of Labour Court award

Orders

  • Impugned orders of Division Bench and Single Judge set aside
  • Award of Labour Court modified: respondent to receive lump sum compensation in lieu of reinstatement and back wages