In a notable and environmentally conscious move, the Rajasthan High Court has given a dismissed workman a final opportunity to present his case—but with a unique condition: he must plant 21 shade trees in his local public area and nurture them till the case concludes.

This decision was delivered by Justice Anoop Kumar Dhand in the case titled Sitaram vs. Executive Engineer & Others [S.B. Civil Writ Petition No. 21419/2018], wherein the petitioner sought to challenge an earlier Labour Court award that rejected his claim due to failure in submitting evidence.

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Background of the Case

The petitioner, Sitaram, was employed as a Baildar in the Irrigation Department at Dholpur district, Rajasthan. He had worked from 1986 until December 1989 when he was abruptly terminated. He alleged that his termination violated the due process under Section 25-F and 25-G of the Industrial Disputes Act, 1947, which mandates proper notice and retrenchment procedures.

In 1999, Sitaram raised an industrial dispute challenging his termination. The Labour Court, Bharatpur, however, dismissed his claim in 2008, citing his failure to produce any evidence despite multiple opportunities.

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Upon reviewing the petition, the High Court acknowledged that although Sitaram had failed to present his evidence, this was largely due to his own negligence.

“The same reflects negligent attitude of the petitioner in conducting his case before the Court below,” the High Court noted.

Still, considering the nature of the dispute and the principles of justice, the Court decided to grant Sitaram one final chance to present his evidence before the Labour Court. But this time, it came with a civic responsibility attached.

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The High Court ordered that this fresh opportunity would be conditional upon planting 21 shade trees in a public area near Sitaram's residence within one month from the date of receiving the order.

“Planting trees as directed above, is one such initiative which this Court considers to be appropriate, as trees, for as long as they thrive whether for decades or centuries will continuously and silently offer numerous benefits to the city and the surrounding community,” remarked Justice Dhand.

The court emphasized that such actions serve the greater public good, preferring this over imposing a monetary penalty.

Before Sitaram can re-adduce his evidence, he must:

1. Plant 21 shade trees in public areas near his residence.
2. Submit photographic proof of the plantation to the Labour Court.
3. Provide an undertaking to regularly maintain the trees until the final disposal of the case.
4. Submit quarterly photographs (in June, September, December, and March), each clicked with a newspaper showing the date.

“The petitioner would look after these planted saplings till disposal of the claim petition,” the Court directed.

Only upon compliance, the Labour Court shall allow him to present his evidence, and the case will then be decided on its merits.

The High Court quashed the previous award dated 29.01.2008, and remitted the case back to the Labour Court for a fresh hearing.

The parties have been directed to appear before the Labour Court on 06.05.2025.

Since Sitaram was unrepresented during the High Court proceedings, the Court has instructed the registry to send a copy of the order to his residential address to ensure he is informed.

All pending applications were also disposed of.

It was opined that such a condition was imposed over monetary cost in the interest of greater public good.

Accordingly, the challenged order of the Labour Court was set aside, and the petition was disposed of.

Title: Sitaram v Executive Engineer, Irrigation Division, Jodhpur & Ors.