VidhiSangh

Supreme Court of India · 07/01/2019

DEPUTY EXECUTIVE ENGINEER versus KUBERBHAI KANJIBHAI

[2019] 1 S.C.R. 63 · 2019 INSC 19

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Summary

The Supreme Court substituted Rs.1 lakh compensation for reinstatement of a daily-wage worker whose termination dispute was raised about fifteen years later. Applying Bhurumal, it held that reinstatement is not automatic for a procedural retrenchment defect. The short daily-wage tenure, absence of a right to regularisation or continued engagement, and long delay justified compensation in full and final settlement.

Issues

  1. Whether compensation should replace reinstatement for the daily-wage worker on the facts.

Provisions considered

Held

Result

Appeal partly allowed; High Court order set aside and Labour Court award modified. State to pay Rs.1 lakh compensation within three months of receiving the judgment, in full and final settlement.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 63.