ASSTT. ENGG. CAD KOTA vs DHAN KUNWAR

The Supreme Court upheld the decision of the Rajasthan High Court, affirming the Labour Court's ruling that the termination of the workman was unjustified under Section 10(1) of the Industrial Disputes Act, 1947. The Court noted that while the claim was delayed, it did not preclude the workman from receiving relief, as the employer failed to comply with Section 25F(b) of the Act. The Court also emphasized that the delay in raising the claim must be assessed on a case-by-case basis, ultimately supporting the Labour Court's award of 30% back wages and reinstatement.