SHIVJI SHARMA Vs. SECRETARY (LABOUR)

JUDGEMENT

(1.) The petitioner has filed the present writ petition aggrieved by the order of the Labour Court, whereby the Labour Court has ordered the payment of the compensation of Rs.1,00,000/- along with interest @ 9% per annum if the payment is not done within 30 days of publication of Award. The petitioner has confined his challenge of award, to the order of grant of compensation of Rs.1,00,000/- in lieu of reinstatement and back wages.

(2.) The contention of the petitioner is that Labour Court has not given any reasonable criteria for awarding the compensation and the said order is arbitrary and contravenes Article 14 of the Constitution.

(3.) As per the contention of the petitioner in his claim before the Labour Court, he was appointed by the Management of M/s New Era Public School as a Helper at a salary of Rs. 2400/- per month and had served them for five years. The contention of the respondent No.2 before the Labour Court, however, was that the workman was employed by M/s Universal Security and Placement Services (Registered) (Agency), an independent establishment which was engaged in providing security and placement service to many establishments and they employed the claimant on 12.06.1998 as Helper. They provided the services of claimant to them and he had started absenting from duty with effect from 25.10.1999. Thereafter, the petitioner moved an application, whereby he impleaded M/s Universal Security and Placement Services as the Management, but they could not be served and subsequently they were dropped.