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Issues: (i) whether the termination of a daily wager who had completed 240 days of work was invalid for non-compliance with the statutory retrenchment requirements, and whether he had any enforceable right to regularisation or permanent absorption; (ii) whether reinstatement with back wages was the proper relief, or whether monetary compensation was the appropriate remedy.
Issue (i): whether the termination of a daily wager who had completed 240 days of work was invalid for non-compliance with the statutory retrenchment requirements, and whether he had any enforceable right to regularisation or permanent absorption.
Analysis: The employment was on daily wages and any engagement made without adherence to the recruitment rules could not create a right to permanence. Completion of 240 days may attract the statutory protection against retrenchment, but it does not by itself confer a right to regularisation or absorption in the absence of statutory backing. Since the respondent was a local authority, appointments had to conform to the statutory recruitment framework and the constitutional mandate of equality in public employment. The termination, however, was found to require compliance with the retrenchment requirements under Section 6N of the U.P. Industrial Disputes Act, 1947.
Conclusion: The workman had no enforceable right to regularisation or permanent absorption, but the termination attracted the retrenchment safeguards under Section 6N of the U.P. Industrial Disputes Act, 1947.
Issue (ii): whether reinstatement with back wages was the proper relief, or whether monetary compensation was the appropriate remedy.
Analysis: Although a retrenchment made in breach of the statutory requirements can be set aside, reinstatement is not automatic. The relevant considerations include the legality of the appointment process, the period of service, the existence of vacancy, and whether alternative employment was obtained. On the facts, the work was for a short period and the appointment itself was not in accordance with the recruitment rules, so the interest of justice was better served by compensatory relief rather than reinstatement.
Conclusion: Reinstatement with back wages was declined and monetary compensation was held to be the proper relief.
Final Conclusion: The award of reinstatement was displaced, and the workman was granted compensation instead of restoration to service.
Ratio Decidendi: In cases of retrenchment of a daily wager appointed dehors the recruitment rules, completion of 240 days does not create a right to regularisation, and reinstatement is not an automatic consequence of breach of retrenchment procedure where compensation is a more appropriate relief.
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