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Supreme Court of India 2019-01-07 partly_allowed

Deputy Executive Engineer vs Kuberbhai Kanjibhai

Bench: 2 — Abhay Manohar Sapre

In Brief

A daily-wage worker employed by the State R&B Department for approximately two years had his services terminated without following the required legal procedure under Section 25F of the Industrial Disputes Act. After 15 years, he filed a dispute. The Labour Court awarded reinstatement without back wages; the High Court upheld this. The Supreme Court held that monetary compensation is more appropriate for daily-wage workers who cannot claim regularization, as reinstatement would serve no useful purpose. The Court awarded Rs. 1 lakh as compensation in full and final settlement, rejecting reinstatement as the remedy.

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Labour Law Industrial Disputes Daily Wage Workers Termination Reinstatement Compensation

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