Labour Law

Reinstatement/Back wages/Arrears

— Reinstatement — With continuity in service and back wages — Claimed by respondent Sweeper who was appointed by appellant on daily wages — Claim made 4 1/2 years after his discharge from service (according to appellant the respondent had left the service of his own) — Evidence led by appellant before Labour Court to establish that respondent had not completed 240 days' service in any of the three years he worked with appellant — But still Labour Court decided the issue of attendance of respondent in his favour — Held, approach of Labour Court in calculating the statutory period of 240 days in a year was erroneous — Moreover, respondent having been appointed only as a daily wage earner and not as a permanent employee, he cannot claim any right to the post and no right accrued to him to claim any benefits from appellant, (2006) 5 SCC 764