P&H: Grants Rs 1.5 lakh compensation to workman after setting aside direction granting regularization when the reference was only with regard to re-employment

punjab-haryana
⚖️ Order Date: 31 Aug 2026
Headnotes

(i) Industrial Disputes Act, 1947, Section 25-H — Re-employment — Demand raised after inordinate delay — Where the workman had been approaching the Management by submitting representations and the last representation was made in 2007, the demand raised in March 2009 could not be held...

(ii) Industrial Disputes Act, 1947, Section 25-H — Re-employment — Relief beyond reference — The Labour Court-cum-Industrial Tribunal cannot go beyond the reference, and a direction granting regularization when the reference was only with regard to re-employment was beyond the scope of the reference and...

(iii) Industrial Disputes Act, 1947 — Reinstatement — Long lapse of time — There is no automatic concept of reinstatement or re-employment and, where the workman had remained out of service for about 30 years, compensation in lieu of reinstatement was found to be the...


Facts of the Case

P&H: Grants Rs 1.5 lakh compensation to workman after setting aside direction granting regularization when the reference was only with regard to re-employment

The Punjab and Haryana High Court has modified an industrial award in favour of a former Mali-cum-Chowkidar, replacing reinstatement with compensation of Rs 1.5 lakh. The Court found that although the workman’s claim could not be rejected as stale, the relief of reinstatement was not appropriate after such a long passage of time.

The case arose from the termination of the workman’s services in 1995. He claimed that the department later made fresh appointments on the same post without offering him re-employment, which, according to him, violated Section 25-H of the Industrial Disputes Act, 1947.

The Industrial Tribunal had accepted...

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