STATE OF PUNJAB versus ANIL KUMAR

Reinstatement is justified as workman had worked for more than 240 days, but due to the 13-year delay in approaching the Labour Court, back wages are not to be granted.

Parties: Appellant: State of Punjab; Respondent: Anil Kumar
Jurisdiction: India
Judgment Date: 25 April 2007
Procedural Posture: Civil Appeal / Appeal From High Court Judgment in Civil Writ Petition No. 6927 of 2005
Outcome: Appeal partly allowed
Legal Topics: Reinstatement, Back Wages, Delay/laches, Daily Wage Employment, Termination, Industrial Disputes

Labour Law Reinstatement Back Wages Delay/laches Daily Wage Employment Termination Industrial Disputes

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2

Parties

State of Punjab

Appellant

Anil Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Civil Writ Petition No. 6927 of 2005

Legal Issues

1 Whether reinstatement of a daily wage workman terminated after having worked for more than 240 days is justified where reference is raised after 13 years
2 Whether award of back wages is sustainable in cases of belated approach

Ratio Decidendi

Reinstatement is justified as workman had worked for more than 240 days, but due to the 13-year delay in approaching the Labour Court, back wages are not to be granted.

Court Disposition

Appeal partly allowed

Orders

Direction for reinstatement is maintained
Direction for payment of back wages is set aside