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Supreme Court of India 2019-01-07 partly_allowed

State of Uttarakhand & Anr vs Raj Kumar

Bench: 2 — Abhay Manohar Sapre

In Brief

A daily-wage worker employed for about one year in Uttarakhand's PWD was terminated without following legal procedure. After 25 years, he claimed illegal termination before the Labour Court, which awarded Rs. 30,000 compensation. The High Court directed reinstatement without back wages. The Supreme Court held that for daily-wage workers illegally terminated due to procedural defect alone, reinstatement serves no purpose since they cannot claim regularization and the employer can terminate again. Accordingly, it awarded Rs. 1,00,000 lump sum compensation in full and final settlement, upholding the principle that monetary compensation is often more appropriate than reinstatement in such cases."

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Industrial Law Labour and Employment Illegal Termination Daily-Wage Workers Reinstatement Monetary Compensation Civil Procedure

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