Illegal termination of a daily wager does not always require reinstatement; compensation may be the proper remedy instead.

Violation of Section 25-F does not make reinstatement with continuity of service and back wages an automatic remedy. In the case of a daily wager with only short service, industrial adjudication must weigh the nature of employment, manner of appointment, length of service, the circumstances of termination and the ends of justice before granting relief. The Supreme Court distinguished Harjinder Singh and Devinder Singh on their facts and held that monetary compensation may be the more appropriate remedy where reinstatement is not justified. On that basis, the award of reinstatement was set aside and compensation substituted.

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Issues: Whether, after a finding that a daily wager's termination was in violation of Section 25-F of the Industrial Disputes Act, 1947, reinstatement with continuity of service and back wages must follow, or whether monetary compensation is the appropriate relief.

Analysis: The normal rule in cases of wrongful termination is reinstatement, but that rule is not absolute. Industrial adjudication must exercise judicial discretion having regard to the nature of employment, manner of appointment, length of service, the circumstances of termination, and the overall ends of justice. In the case of a daily wager who has worked only for a short period, the precedents considered show that reinstatement with back wages is not automatic and that compensation may be more appropriate relief. Harjinder Singh and Devinder Singh were distinguished on their facts and were held not to lay down a universal rule requiring reinstatement in every case of illegal termination.

Conclusion: Reinstatement with continuity of service and back wages was not justified on the facts; the appropriate relief was monetary compensation.

Final Conclusion: The award of reinstatement was set aside and substituted with compensation, so the appeal succeeded to that extent.

Ratio Decidendi: In cases of illegal termination of a daily wager who has worked only for a short period, reinstatement is not an automatic consequence of violation of Section 25-F; relief must be shaped by judicial discretion and may properly be granted as monetary compensation instead.

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