SATISH KUMAR SHARMA Vs. HORTICULTURE/FOREST DEPARTMENT

JUDGEMENT

(1.) BY way of this writ petition the petitioner-workman has sought to challenge the award dated 11th October, 2006 passed by the Labour Court whereby only a lump sum compensation of Rs. 50,000/- was ordered to be given to her by the respondent � management in lieu of the reliefs of reinstatement and back wages after holding the termination of his service to be illegal. The petitioner-workman is aggrieved by the denial of the reliefs of reinstatement with all consequential benefits to him by the Labour Court.

(2.) BRIEF facts which are relevant to decide this petition are that the petitioner-workman claimed to have been employed with the respondent management as Garden Supervisor since 29th, September, 1987 and his services were allegedly terminated illegally w.e.f. 31.12.199-. That gave rise to an industrial dispute and the same was referred for adjudication to the Labour Court. This was the term of reference: "Whether Sh. Satish Kumar S/o Sh. Mool Chand, has left his job on his own or his services have been terminated by the management illegally and/or unjustifiably, and if so, to what relief is he entitled, and what directions are necessary in this respect?"

(3.) LEARNED Labour Court decided issue nos. 1-4 in favour of the petitioner-workman and held that termination of his services was illegal since the provisions of Section 25 F of the Act were not complied with. After holding the termination of the services of the respondent to be illegal the Labour Court after noting that the petitioner-workman was not employed as a regular employee with the management and more than 15 years had passed since the termination of his services granted a lump sum compensation of Rs. 50,000/- to him in lieu of reinstatement and back wages.