Haryana Land Reclamation And ... vs Nirmal Kumar

The Supreme Court upheld the decision of the Rajasthan High Court, affirming the Labour Court's ruling that the retrenchment of the respondent-workman was illegal under Rule 77 of the Rajasthan Industrial Rules, 1958. The Court noted that the appellant's claim of embezzlement was unproven and emphasized that the delay in raising the dispute does not automatically invalidate the reference under Section 10 of the Industrial Disputes Act, 1947. The Court held that each case must be assessed on its own facts, and reinstatement with 50% back wages was deemed appropriate despite the delay.