The Supreme Court on September 23, 2022 in the matter of Jeetubha Khansangji Jadeja v. Kuttch District Panchayat granted relief to a watchman who was wrongfully terminated from service in 2002, by ordering his reinstatement.

In the instant matter, an appeal was filed against an order of the Gujarat High Court setting aside the Bhuj Labour Court direction of reinstatement of an employee who was terminated from the services in 2002 for no cause, without notice and without following the procedure prescribed by the Industrial Disputes Act, 1947.

It was contented by the Appellant that the substitution of the order of reinstatement amounted to a miscarriage of justice and the management unjustifiably dragged the matter for one more decade, which resulted in denial of back wages to him in a very harsh manner. It was contented by the Respondent that since the Appellant had been out of employment for over 20 years, directing reinstatement was not in the interest of justice.

The Supreme Court held that the High Court’s interference in the facts of the case were unwarranted and that there was no perversity or unreasonableness on the part of the Labour Court in directing the appellant’s reinstatement. The Court relied on an earlier decision in the matter of Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya and Others and highlighted the need for adopting a restitutionary approach, while considering whether to reinstate an employee or not. It observed:

“The very idea of restoring an employee to the position which he held before dismissal or removal or termination of service implies that the employee will be put in the same position in which he would have been but for the illegal action taken by the employer. The injury suffered by a person, who is dismissed or removed or is otherwise terminated from service cannot easily be measured in terms of money. The reinstatement of such an employee, which is preceded by a finding of the competent judicial/quasi-judicial body or court that the action taken by the employer is ultra vires the relevant statutory provisions or the principles of natural justice, entitles the employee to claim full back wages.”

Thus, the Court allowed the appeal and directed an order of reinstatement along with payment of back wages to the Appellant.