The Delhi High Court declined the reinstatement of these daily wagers due to the passage of over three decades. (AI-generated image)The Delhi High Court recently awarded Rs 3 lakh each to two former AIIMS daily wagers who were terminated in 1995, holding that their retrenchment was illegal while clarifying that a finding of illegal retrenchment does not automatically entitle a workman to reinstatement with continuity of service and full back wages. While declining reinstatement due to the passage of over three decades, Justice Shail Jain held that AIIMS’ unexplained withholding of employment records justified an adverse inference and entitled the workers to compensation instead of reinstatement and back wages. “While no inflexible formula governs the quantification of compensation in cases of this nature, having regard to the totality of the circumstances, this court considers it just and appropriate to award each of the petitioners a lump-sum compensation of Rs 3 lakh in full and final settlement of all claims arising out of the illegal retrenchment of their services,” the July 29 order read.