GOPALBHAI MULJIBHAI CHARAN Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) Judgement and award dated 10.08.2018 awarding compensation in the sum of Rs. 1,70, 000/- to a daily wage workman, who was earning sum of Rs. 4500/- per month on the date of his termination i.e. 2014, after finding his termination illegal, is sought to be assailed in this petition under Article 227 of the Constitution of India with the plea that in absence of the challenge to the factual aspect like non-availability of the sanctioned post, engagement of the workman contrary to the rules, the reinstatement could not have been denied to the workman. To buttress the submission, reliance is placed upon Krishan Singh vs. Executive Engineer, Haryana State Agricultural Marketing Board, Rohtak ( Hr.), 2010 LLR 450 which was the case where the case of the discharged employee was being dealt with under Section 11A of the Industrial Disputes Act, 1947 ( for short 'I.D.Act'). In the said context, observations made by the Apex Court in para 11 and 12 are thus:

(2.) The case did not involve the daily wager employee urging for reinstatement after service of five years in the public employment. The ratio laid down in Krishan Singh (supra) therefore cannot be applied to the facts of the case.

(3.) It is settled legal position that the daily wage employee has no lien on the post; his appointment being dehors the rules. In absence of the lien, no contention would lie in the mouth of daily wage workman that he has a right to reinstatement with continuity of service. At the most, the daily wage employee may be entitled to compensation for the breach of Section 25F of the I.D. Act or the necessary reliefs in case of breach of Sections 25G and 25H of the I.D. Act, if the case is so made out.