PRAMOD KUMAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The two appellants, Mr. Pramod Kumar and Mr. Ramamoorthy have preferred the present appeal under Clause 10 of the Letters Patent Act read with Order 41 Rule 1 of the Code of Civil Procedure, 1908 against the judgment and order dated 29.5.2002 in Civil Writ No.1337/1996 passed by the learned single Judge. The learned single Judge allowed the writ petition filed by the two appellants, inter alia, holding that Section 25F read with Section 25B of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, for short) was applicable to them and therefore the termination of their services by the respondent- Municipal Corporation of Delhi, was illegal.

(2.) The appellants are, however, aggrieved by the direction given by the learned single Judge that instead of reinstatement with back wages, the said appellants be paid compensation of Rs.50,000/- each.

(3.) The learned single Judge while awarding compensation in lieu of back wages and re-instatement referred to the fact that the appellants had ceased to be in employment since 1986 and held that after a passage of 16 years it may not be appropriate to order reinstatement with back wages and the ends of justice would be met if compensation of Rs.50,000/- is paid to both of them.