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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 was terminated by the State without following prescribed procedures, and sought reinstatement. The Labour Court directed reinstatement without back wages, but the Supreme Court found this incomplete. Instead of full reinstatement, the Court awarded Rs 1 lakh as lump-sum compensation in lieu of reinstatement and back wages, holding that a daily-wage worker cannot claim regularization or continued employment even after reinstatement. Monetary compensation better served justice given the worker's status, the procedural nature of the illegality, and the 15-year delay in raising the dispute.

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Labour Law Industrial Disputes Wrongful Termination Daily-Wage Workers Reinstatement Compensation

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