State of Uttarakhand & Anr. vs Raj Kumar

Court

Supreme Court of India

Date

7 January 2019

Case No.

Civil Appeal Nos. 124-125 of 2019

Result

Partly allowed

Bench

Abhay Manohar Sapre, Indu Malhotra

Citation

[2019] 1 S.C.R. 94 : 2019 INSC 28

Headnote

Labour Laws – Re-instatement – Termination of daily wager – Dispute raised after 25 years – Respondent-worker worked as beldar in the State PWD department as a daily wager for about a year and was terminated – Labour court awarded Rs.30,000 as monetary compensation in full and final settlement against his claim for reinstatement – High Court modified the award and directed State to reinstate without awarding him any back wages – On appeal, held: Respondent having worked as daily wager had no right to claim regularization or right to continue as daily wager – Dispute was raised almost 25 years of alleged termination – The case of the respondent squarely fell in the category of cases discussed in Bharat Sanchar Nigam Ltd. – Monetary compensation of Rs.1 lakh awarded to the respondent in full and final satisfaction of his claim of reinstatement and other consequential benefits by taking recourse to the powers under s.11-A of the Act in place of Rs.30,000/- awarded by the Labour Court – Uttar Pradesh Industrial Disputes Act, 1947 – s.11-A.

Partly allowing the appeal, the Court

HELD: 1. The respondent claimed to have worked as daily wager hardly for a period of one year or so in PWD of the State; Secondly, he had no right to claim regularization; Thirdly, he had no right to continue as daily wager and lastly, the dispute was raised by the respondent (workman) almost after 25 years of the alleged termination before the Labour Court. The case of the respondent would squarely fall in the category of cases discussed by this Court in Para 34 of the judgment rendered in Bharat Sanchar Nigam Ltd. It is just and reasonable to award a sum of Rs.1,00,000/- to the respondent in lieu of his right to claim reinstatement and back wages in full and final satisfaction of this dispute in place of Rs.30,000/- awarded by the Labour Court. [Paras 12, 13 and 15][98-C-D, G]

Bharat Sanchar Nigam Limited v. Bhurumal (2014) 7 SCC 177 : [2013] 16 SCR 1023; District Development Officer and Anr. v. Satish Kantilal Amerelia (2018) 12 SCC 298 : [2017] 12 SCR 414 - referred to.

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order dated 24.11.2015 in W.P. No.1116 of 2015 and dated 27.06.2016 in RAMCC No. 333 of 2016 passed by the High Court of Uttarakhand at Nainital. 3. By impugned order dated 24.11.2015 passed in writ petition, the High Court modified the award dated 25.02.2015 in Workman Disputes Case No.45 of 2014 by which the Labour Court, Haridwar had awarded compensation of Rs.30,000/- to the respondent in lieu of reinstatement and instead directed the State (a

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