RANBIR SINGH versus EXECUTIVE ENG. P.W.D

RANBIR SINGH versus EXECUTIVE ENG. P.W.D

The Court found violation of Section 25F by the employer and that the appellant was a daily-wage worker who did not adduce convincing evidence of retention or regularisation of juniors or of unfair labour practice; therefore reinstatement was not automatic and appropriate remedy was monetary compensation, which the Court fixed at Rs.3.25 lakhs (taking into account earlier payment).

Parties
Appellant: Ranbir Singh; Respondent: Executive Eng. P.W.D
Jurisdiction
India
Judgment Date
02 September 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Civil Appeal
Outcome
Appeal partly allowed
Legal Topics
Termination of Employment, Section 25 F, Reinstatement Vs Compensation, Daily Wage Workers, Public Authority, Unfair Labour Practice
Labour Law Industrial Disputes Administrative Law Termination of Employment Section 25 F Reinstatement Vs Compensation Daily Wage Workers Public Authority +1 more

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Parties

Ranbir Singh

Appellant

Executive Eng. P.W.D

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Civil Appeal

Legal Issues

  1. 1 Whether termination complied with Section 25F of the Industrial Disputes Act, 1947
  2. 2 Whether reinstatement should be granted or monetary compensation awarded
  3. 3 Whether appellant proved retention of junior workers or unfair labour practice

Ratio Decidendi

The Court found violation of Section 25F by the employer and that the appellant was a daily-wage worker who did not adduce convincing evidence of retention or regularisation of juniors or of unfair labour practice; therefore reinstatement was not automatic and appropriate remedy was monetary compensation, which the Court fixed at Rs.3.25 lakhs (taking into account earlier payment).

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment modified and appellant to be paid Rs.3.25 lakhs as compensation
  • The payment to be made within eight weeks from the date of the judgment