HUDA versus JAGMAL SINGH

HUDA versus JAGMAL SINGH

The respondent failed to establish completion of 240 days of service in a year; both the Labour Court and the High Court erred in granting relief. As he was only a daily wager and had not served for 240 days, he is not entitled to reinstatement or back wages.

Parties
Appellant: H.U.D.A.; Respondent: Jagmal Singh
Jurisdiction
India
Judgment Date
13 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment After Writ Petition and Labour Court Award
Outcome
Appeal allowed; orders of Labour Court and High Court set aside.
Legal Topics
Daily Wage Employment, Reinstatement, Computation of 240 Days Service, Back Wages
Labour Law Daily Wage Employment Reinstatement Computation of 240 Days Service Back Wages

Case Brief

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Parties

H.U.D.A.

Appellant

Jagmal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment After Writ Petition and Labour Court Award

Legal Issues

  1. 1 Whether the respondent had worked for 240 days in a year to be entitled to reinstatement and back wages
  2. 2 Whether a daily wager has any right to claim reinstatement or benefits after not completing the statutory period

Ratio Decidendi

The respondent failed to establish completion of 240 days of service in a year; both the Labour Court and the High Court erred in granting relief. As he was only a daily wager and had not served for 240 days, he is not entitled to reinstatement or back wages.

Court Disposition

Appeal allowed; orders of Labour Court and High Court set aside.

Orders

  • Civil Appeal allowed.
  • Orders of Labour Court and High Court are set aside.