KRISHAN KUMAR KASHYAP Vs. THE STATESMAN LTD.

JUDGEMENT

(1.) The appellant/petitioner is aggrieved by the order dated 06.05.2019, passed by the learned Single Judge disposing of a petition filed by him assailing the Award dated 18.10.2008, passed by the learned Labour Court, wherein it was held that his termination was illegal and unjustified. However, keeping in view the fact that the appellant had attained the age of superannuation, the learned Labour Court had opined that it was not a fit case where he should be reinstated with back wages and ends of justice would be served if a lump sum compensation is awarded to him instead of giving him back wages. Accordingly, after considering all the facts and circumstances of the case, the nature of the job of the appellant/workman, his last drawn salary and the long tenure of his service with the respondent/employer, the Labour Court awarded a lump sum compensation of Rs.2 lakhs in favour of the appellant, in place of reinstatement and back wages.

(2.) The factual matrix of the case has been captured in para 2 of the impugned order, which is reproduced below:-

(3.) Learned counsel for the appellant/petitioner had stated before the learned Single Judge that the appellant/petitioner was entitled to full back wages from 15.02.1997 i.e. date of his termination, till the age of superannuation and besides full back wages, he was also entitled to allowances towards loss of HRA, DA, LTA, medical, loss due to revision of pay scales, arrears of Provident Funds, gratuity and bonus, etc.