Rajasthan High Court Upholds Reinstatement Despite Alleged Illegal Appointment, Cites Violation Of Industrial Disputes Act Procedure
The Rajasthan High Court rejected petition challenging reinstatement of a daily wage worker who was alleged to have been appointed illegally, opining that non-compliance with mandatory procedure under the Industrial Disputes Act had to be followed for termination of the concerned employee.
The bench of Justice Munnuri Laxman was hearing a petition filed by the Sarpanch, Gram Panchayat Thated, challenging the order of the Labour Court that had allowed reinstatement of the respondent ex-parte, and the application filed by the petitioner to set aside the order was dismissed.
It was the case of the petitioner that the services of the respondent as daily wage worker were initially taken by the former Sarpanch without having any authority for such engagement. Thereafter the respondent continued to work till the time his termination order was passed.
It was submitted that since the initial appointment of the respondent was illegal, his services were liable to be terminated in accordance with the Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff), Act 1999.
After hearing the contentions, the Court highlighted Section 9 of the 1999 Act and opined that it barred regularisation of an employee who worked on daily wages basis, and also contemplated compliance with Section 25-F of the Industrial Dispute Act if Section 9 of the 1999 Act was made applicable.
In this background, the Court held that since the requirement of Section 25-F was not followed by the petitioner, there was no fault in the order passed by the Labour Court.
Accordingly, the petition was dismissed.
Title: Sarpanch, Gram Panchayat v Shri Banshi Lal
Citation: 2026 LiveLaw (Raj) 148