JAGBIR SINGH versus HARYANA STATE AGRICULTURE MARKETING BOARD & ANR.

Citation: [2009] 10 S.C.R. 908 · Decided: 14-07-2009 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Case Partly allowed
Cited by 3 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2009] 10 S.C.R. 908 
-
~ 
A 
JAGBIR SINGH 
v. 
HARYANA STATE AGRICULTURE MARKETING BOARD & 
ANR. 
(Civil Appeal N.o.4334 of 2009) 
B 
JULY 14, 2009 
[TARUN CHATTERJEE AND R.M. LODHA, JJ.] 
• 
INDUSTRIAL DISPUTES ACT, 1947: 
c 
s. 25F - Order of reinstatement of daily wager with full 
back wages when termination was found in contravention of 
s.25F - Held : In such cases order of reinstatement should 
not automatically be passed merely because the workman 
D has completed 240 days in a year preceding the date of 
termination - Instead award of compensation would meet the 
ends of justice - Ordered accordingly. 
The appellant was engaged by the respondent 
E 
department as a daily wager w.e.f. 1.9.1995. On 18.~.1996 
his services were terminated. He raised an industrial 
dispute contending that his termination was in violation 
of s.25F of the Industrial Disputes Act, 1947, and claimed 
reinstatement with back wages. The Labour Court 
.,.·-
allowed the claim holding that the workman having 
F worked for 240 days in the year preceding the date of 
termination, the department violated s.25F of the Act. The 
High Court having rejected the claim, the workman filed 
the appeal. 
G 
The question for consideration before the Court 
was: whether the High Court, in the 'instant case where 
... 
termination of appellant was in contravention of s. 25F of 
the 1947 Act, was justified in upsetting the award of 
reinstatement of the workman with continuity of service 
H 
908 
JAGBIR SINGH v. HARYANA STATE AGRICULTURE 909 
MARKETING BOARD & ANR. 
~ 
and full back wages as had been directed by the Labour A 
Court. 
Partly allowing the appeal, the Court 
-
HELD : 1.1. It is true that earlier view of this Court 
articulated in many decisions reflected the legal position 
B 
that if the termination of an employee was found to be 
illegal, the relief of reinstatement with full back wages 
would ordinarily follow. However, in recent past, there has 
been a shift in the legal position, and In long line of cases 
this Court has consistently taken the~view. that relief by C 
way of reinstatement with back wages is not automatic 
and may be wholly inappropriate in a given fact situation 
even though the termination of an employee is in 
contravention 
to 
the 
prescribed 
procedure. 
Compensation instead of reinstatement has been held to, D 
meet the ends of justice. This Court has distinguished 
between a daily wager who does not hold a post and a 
permanent employee. Therefore, in the instant case, the 
view of the High Court that the Labour Court erred in 
granting reinstatement and back wages, in the facts and 
E 
circumstances of the case, cannot be said to suffer from 
any legal flaw. [Para 7 and 15] [912-C-E; 919-E-F] 
UP. State Brassware Corpn. Ltd. vs., Uday Narain 
·. Panday (2006) 1 SCC 479; Uttarancha/ Forest Development 
Corpn. vs. M. C. Joshi (2007) 9 SCC 353; State of M.P. & Ors. 
F 
vs. 
La/it Kumar Verma (2007) 1 SCC 575; M.P. 
Administration vs. Tribhuwan (2007) 9 SCC 748; Sita Ram 
vs. Moti Lal Nehru Farmers Training Institute (2008) 5 SCC 
75; Ghaziabad Development Authority & Anr. vs. Ashok 
. Kumar & Anr. (2008) 4 SCC 261 and Mahboob Deepak vs. 
G 
_, 
Nagar Panchayat, Gajraula (2008) 1 SCC 575, relied on. 
1.2. However, the High Court erred in not awarding 
compensation to the appellant while upsetting the award 
H 
910 
SUPREME COURT REPORTS 
[2009] 10 S.C.R. 
A of reinstatement and back wages. While awarding 
compensation, the factors, like the manner and method 
of appointment, nature of employment, length of service 
etc. are relevant Each case will depend upon its own facts 
and circumstances. In the instant case, the total length 
B of service rendered by the appellant, who was engaged 
as a daily wager, was short and intermittent from 
September 1, 1995 to July 18, 1996. Therefore, a 
compensation of Rs.50,000/- to the appellant by 
respondent No.1 shall meet the ends of justice. Ordered 
C accordingly. [Paras 15 and 16) [919-F-H; 920-A] 
Case Law Reference : 
(2006) 1 sec 479 
relied on 
Para 8 
D 
(2007) 9 sec 353 
relied on 
Para 9 
(2007) 1 sec 575 
relied on 
Para 10 
(2007) 9 sec 148 
relied on 
Para 11 
(2008) 5 sec 75 
relied on 
Para 12 
E 
(2008) 4 sec 261 
relied on 
Para 13 
(2008) 1 sec 575 
relied on 
Para 14 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
F 
4334 of 2009. 
From the Judgment & Order dated 15.12.2008 of the High 
Court of Punjab & Haryana at Chandigarh in Civil Writ Petition 
No. 4
Excerpt shown. Read the full judgment & AI analysis in Lexace.