KRISHAN KUMAR KASHYAP Vs. THE STATESMAN LTD.

JUDGEMENT

(1.) The petitioner has challenged the award dated 18th October, 2008 whereby the Labour Court held the petitioners termination to be illegal and a lump sum compensation of Rs.2,00,000/- was awarded to the petitioner. The petitioner is seeking enhancement of compensation.

(2.) The petitioner joined the services of the respondent as a Store Clerk on 07 January, 1967 and he was confirmed on 01 May, 1970. The respondent suspended the petitioner on 10 December, 1994 and issued a charge sheet on various grounds inter alia that he has refused to perform the assigned work; he was a habitual late comer; he signed official memos on his own without permission; he harassed the clients and disobeyed orders of superiors. The respondent found the petitioner guilty of misconduct after enquiry and dismissed him from service on 15 February, 1997 whereupon W.P.(C) 90/2009 Page 2 of 3 the petitioner raised an industrial dispute which was referred to the Labour Court. The Labour Court held that the management failed to prove the charges against the petitioner and, therefore, the termination was held to be illegal. The petitioner attained the age of superannuation during the pendency of the proceedings before the Labour Court. The Labour Court, therefore, awarded a lump sum compensation of Rs.2,00,000/- to the petitioner.

(3.) Learned counsel for the petitioner urged at the time of the hearing that the petitioner claims Rs.6,72,000/- as full back wages from 15 February, 1997 till the age of superannuation; Rs.60,000/- towards allowances; Rs.72,000/- towards loss due to pay revisions in 1981 and 1990; Rs.1,00,000/- towards loss of HRA and DA from 1990 onwards; Rs.25,000/- towards LTA and Medical from 1995 to 2005; Rs.3,50,000/- towards loss due to revision of pay scales; Rs.3,00,000/- towards arrears of PF and gratuity; and Rs.36,000/- towards bonus.