RAKESH KUMAR Vs. MANGEMENT OF BHAGINI NIVEDITA COLLEGE

JUDGEMENT

(1.) Both the writ petitions are directed against an Award dated 7 th October, 2005 passed with the Labour Court in ID No. 1104 of 1997. By the said Award the Labour Court disposed of the claim filed by the workman by holding the termination of his services by the management to be illegal and gave the management an option of either reinstating the workman without back wages but with litigation costs of Rs. 10,000/- or to pay the workman Rs. 60,000/- as lump sum compensation along with Rs. 10,000/- as costs of litigation in lieu of the reinstatement.

(2.) The workman is aggrieved by the Award to the extent that it denies the workman reinstatement with full back wages. Moreover, it is the case of the workman that the management is refusing to let him join services. The case of the management on the other hand is that the workman is refusing to receive the lump sum compensation of Rs. 60,000 and Rs. 10,000 towards litigation expenses.

(3.) At one stage during the pendency of Writ Petition (Civil) No. 456 of 2008, since there was a stay granted of the Award by this Court, the workman filed an application under Section 17B of the Industrial Disputes Act, 1947 ( ID Act ). The said application was allowed by this Court by an order dated 15 th March 2011. The management challenged the said Award by filing LPA No. 403 of 2011. The Division Bench disposed of the said appeal by an order dated 2 nd May 2011. While it did not interfere with the order dated 15 th March, 2011, the Division Bench granted liberty to the management to apply to the Single Judge for modification of the said order by filing an application. The management has since filed the said application seeking modification of the order dated 15 th March, 2011.