Assistant Engineer, C.A.D., Kota vs Dhan Kunwar

The Supreme Court upheld the decision of the Rajasthan High Court affirming the Labour Court's ruling that the retrenchment of the workman was unjustified under Section 10(1) of the Industrial Disputes Act, 1947. The Court noted that while the claim was delayed, the Labour Court correctly applied Rule 26 of the Rajasthan Public Works Department Work-charged Employees Service Rules, 1964, analogous to Section 25F(a) of the Act, and found non-compliance with Section 25F(b). The Court held that the delay in raising the claim did not bar the workman from relief, affirming the award of 30% back wages and reinstatement.