STATE OF UTTARAKHAND & ANR. versus RAJ KUMAR

STATE OF UTTARAKHAND & ANR. versus RAJ KUMAR

Respondent, having only worked for about a year as a daily wager and having raised the dispute nearly 25 years after alleged termination, is not entitled to reinstatement or regularization; awarding Rs.1,00,000 as monetary compensation in lieu of reinstatement and consequential benefits meets the ends of justice.

Source-derived case information.

Parties
Appellant: State of Uttarakhand & Anr.; Respondent: Raj Kumar
Jurisdiction
India
Judgment Date
07 January 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Orders on Writ Petition and Review Application
Outcome
Appeal partly allowed; High Court orders set aside; award of monetary compensation enhanced.
Legal Topics
Reinstatement, Termination of Daily Wager, Monetary Compensation, Delay in Raising Dispute
Labour Law Reinstatement Termination of Daily Wager Monetary Compensation Delay in Raising Dispute

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Parties

State of Uttarakhand & Anr.

Appellant

Raj Kumar

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Orders on Writ Petition and Review Application

Legal Issues

  1. 1 Whether the respondent was entitled to reinstatement and back wages after termination as daily wager nearly 25 years before raising the dispute

Ratio Decidendi

Respondent, having only worked for about a year as a daily wager and having raised the dispute nearly 25 years after alleged termination, is not entitled to reinstatement or regularization; awarding Rs.1,00,000 as monetary compensation in lieu of reinstatement and consequential benefits meets the ends of justice.

Court Disposition

Appeal partly allowed; High Court orders set aside; award of monetary compensation enhanced.

Orders

  • Payment of Rs.1,00,000 by appellant to respondent in full and final satisfaction of reinstatement and consequential claims to be made within three months from receipt of judgment.
  • Award of Labour Court modified to enhance compensation from Rs.30,000 to Rs.1,00,000.