BHUDEV SHARMA Vs. KALINDEE RAIL NIRMAN

JUDGEMENT

(1.) The present Letters Patent Appeal impugns a judgment and order dated 07.09.2017, passed by a learned Single Judge of this Court in W.P.(C) 2558/2011, tiled as "Bhudev Sharma vs. Kalindee Rail Nirman Engineers Ltd and Ors" (hereinafter referred as 'the subject petition') whereby, the subject petition was disposed of by enhancing the compensation amount granted to the appellant by the industrial adjudicator, by way of an award dated 02.02.2011 of the learned Presiding Officer, Labour Court No.XVI, Karkardooma Courts, Delhi in I.D. No.50/2008, in lieu of reinstatement, from Rs.50,000/- to Rs.2,00,000/-.

(2.) A perusal of the said impugned order dated 07.09.2017 reveals that the issue whether the services of the appellant had been unjustifiably and/or illegally terminated by the management was held in his favour. However, in the facts and circumstances of the case, the industrial adjudicator awarded an amount of Rs.50,000/- as a lump sum compensation to the appellant in lieu of his reinstatement and other dues.

(3.) The appellant being aggrieved by the said award; carried the same to this Court by way of the subject petition. The learned Single Judge considering the circumstance that the appellant had been in service for a period of eleven years i.e. from May, 1993 to 16.08.2004, and the last drawn salary of the appellant being Rs.4,066/- per month w.e.f. 09.10.2002, came to the conclusion that the lump sum compensation of Rs.50,000/- awarded by the Industrial Adjudicator was grossly inadequate and, consequently, enhanced the same to Rs.2,00,000/-. It is an admitted position that the appellant has received the said enhanced lump sum compensation from the respondent.