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Supreme Court of India · 23/09/2022

JEETUBHA KHANSANGI JADEJA versus KUTCHH DISTRICT PANCHAYAT

[2022] 4 S.C.R. 854 · 2022 INSC 1006

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Summary

A watchman employed by the Kutch District Panchayat from 1992 was terminated in 2002 without notice while juniors were retained. Drawing an adverse inference from the missing muster rolls, the Labour Court found continuous service under Section 25B and a breach of Section 25G. In 2010 it ordered reinstatement without back wages, and the Single Judge agreed. After remand, the Division Bench left those findings intact but in 2021 replaced reinstatement with Rs. 1 lakh. The Supreme Court restored reinstatement. Substituting money while keeping the findings followed no known principle, and the workman could not be made to suffer for the employer's long litigation. Under Bhurumal, retention of juniors makes reinstatement the rule, and applying Hindustan Tin Works and Deepali Gundu Surwase, two years' back wages were added.

Issues

  1. Whether the Division Bench, without disturbing the concurrent findings of illegal termination and retention of juniors, could substitute lump-sum compensation for reinstatement.
  2. Whether the workman should receive back wages despite the Labour Court's denial of them, given more than a decade of litigation by the employer.

Provisions considered

Held

Result

Appeal allowed. The Division Bench's judgment was set aside, and the appellant was to be reinstated with continuity of service within six weeks. He was also to be paid back wages at current rates for 01.01.2020 to 01.01.2022 within six weeks. No costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 854.