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Rajasthan High Court · body

2018 DIGILAW 530 (RAJ)

Babu Lal Raiger S/o Shri Guru Dayal Raiger v. Dy. General Manager Bank of Baroda

2018-02-15

G.R.MOOLCHANDANI, PRADEEP NANDRAJOG

body2018
JUDGMENT : 1. The appellant successfully proved that at the Jaipur Branch of the Bank of Baroda he had worked as a daily wager for 65 days in the year 1996. 50 days in the year 1998. 186 days in the year 1999. 294 days in the year 2000 and 48 days in the year 2001, when his services were terminated on 23/02/2001. Since Section 25F of the Industrial Disputes Act, 1947 was not complied with the direction as per the award was one of reinstatement. Claim of the workman that Section 25G of the Industrial Disputes Act, 1947 was violated has been turned down in the award for the reason the workman could not prove that any hand employed after him as a daily wager was retained in service. 2. Challenge by the respondent to the award resulted in the impugned order being passed on 15/05/2007 granting lump sum compensation in sum of Rs. 50,000/-. 3. Law draws a distinction between a daily wager being asked to discontinue to report for work and a permanent employee being terminated from service. In case of daily wage employees courts have been ordering lump sum compensation to be paid and thus the discretion exercised by the learned Single Judge cannot be faulted with. 4. The appeal is dismissed.