RAJENDRA MANIKPURI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge through the present writ petition is to the award dtd. 8/8/2016 passed by the Labour Court, Bilaspur in Case No. 26/ID Act/Reference/2012.

(2.) By way of the present writ petition the learned Labour Court in a reference which was referred to it in respect of the alleged illegal termination of the Petitioner has decided the case particularly allowing the reference to the extent that the termination was declared to be illegal however in lieu of reinstatement a lump sum Rs.25,000.00 was awarded to the Petitioner.

(3.) Learned Counsel for the Petitioner at the outset submits that the award of the Labour Court is bad in law for the reason that the Court below has not properly appreciated the terms of reference which was made to the Labour Court. According to him, the Labour Court ought to have dealt and decided each terms of the reference which was made over by the State Government for adjudication. It was also contended by the Counsel for the Petitioner that the Labour Court has not passed a reasoned order so far as the terms of reference are concerned. According to him, the Labour Court ought to have considered each of the terms of reference and should have answered the reference for reaching to a logical conclusion. It was contended that the finding of the Labour Court is bad in law for the reason that the Labour Court has not discussed as to how the order of removal was bad in law or how it is an illegal termination except for the fact that the Court below has abruptly held the removal to be an illegal termination. It was also contended by the Counsel that even while granting compensation the Court below ought to have discussed as to why the according to the Court below the reinstatement of the Petitioner was not plausible or justified in the given facts and circumstances of the case and why it is only compensation which should be given in lieu of reinstatement.