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Supreme Court of India 2019-01-07 partly_allowed

DEPUTY EXECUTIVE ENGINEER vs KUBERBHAI KANJIBHAI

Bench: 2 — Abhay Manohar Sapre, Indu Malhotra

In Brief

A State engineer was terminated as a daily wager without following statutory procedure. Fifteen years later, the worker filed a complaint in the Labour Court seeking reinstatement. The Labour Court and High Court ordered reinstatement without back wages. The Supreme Court partly allowed the State's appeal, holding that reinstatement is not automatic for daily wage workers terminated on procedural grounds. Since the worker had no right to regularization, could not claim continuation, and the dispute arose after substantial delay, the Court awarded Rs. 1 lakh (one hundred thousand rupees) as full and final compensation in lieu of reinstatement, balancing the worker's rights against practical realities.

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Labour Law Industrial Disputes Workman Rights Reinstatement Daily Wage Workers Termination Administrative Law

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