NARENDRA SINGH JHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A short question of law involved in this petition is, "whenever the Labour Court set aside the termination order, is it bound to order reinstatement with back wages?"

(2.) IT all depends upon the facts of each case. If the services of permanent employee is found to be wrongly terminated then certainly order of reinstatement with back wages has to follow. But, there are cases and cases in which such an order of reinstatement with back wages would not be proper.

(3.) IN the instant case, the petitioner workman was admittedly employed purely on daily wage basis on the post of Class IV in the Government dispensary in April, 1988 on a fixed salary of Rs. 600/per month. It is also admitted fact that he has never worked continuously on the post in question and he had worked with several breaks in service. However, from the date of his first employment in April, 1988 till his termination i. e. in January, 1990 he managed to complete 240 days, therefore, the Labour Court was of the opinion that his termination was in violation of Section 25-F of the Industrial Disputes Act and, therefore, his termination was declared illegal, But considering the fact that there was a delay on the part of the workman in approaching the Labour Court and other circumstances of the case namely that the petitioner was employed purely on daily wages basis on a fixed salary of Rs. 600/- per month and that his employment was not through the Employment Exchange, therefore, the Labour Court instead of ordering reinstatement with full back wages thought it fit to award compensation of Rs. 15,000/- in lieu of reinstatement with back wages then certainly this Court will not interfere with such order, in its jurisdiction under Article 227 of the Constitution of India.