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There is no deadline for a dismissed worker to approach the labour court for reinstatement by the employer, the Madras High Court has ruled.
The delay in approaching the labour court can be held against a worker, ruled Mr Justice K. Chandra, hearing a petitition.
The Chennai labour court had ordered the Institute of Hotel Management Catering Technology and Applied Nutrition to reinstate of Mr N. Narayanaswamy, a trainee cleaner, on July 5, 2006.
Hearing a writ from the institute against the labour court order, Mr Justice Chandru said the worker was entitled to a compensation of Rs 30,000 in lieu or reinstatement.
Modifying the Labour Court's award, the High Court directed the institute to pay compensation to the worker in respect of all his claims.
The judge said that non-employment of Mr Narayanaswamy had taken place in 1988 and more than five years had lapsed since date of award of the Labour Court. At this stage, if the petitioner restored him to post of temporary casual employee it would not serve any purpose. Hence, the Court was inclined to award monetary compensation, which alone could be proper, the judge observed.
Then worker raised a dispute when he was dismissed by the petitioner. The petitioner contended that the worker was engaged whenever work was available. The Labour Court declined to accept the institute's contention that the employee was only a daily labour and he was not entitled to protection. Citing the judgment of the apex court in the Gujarat Agricultural University vs Rathold Labhu Bechar (AIR 2001 SC 706), the Labour Court held that the worker was entitled to reinstatement. On the question of the service of the worker being dispensed with even after his completing of 240 days of service, the apex court had held that the workman was entitled for relief of reinstatement, the judge said. There could not be any impediment in award of Labour Court being upheld by this Court. The writ petition was disposed of accordingly.
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