RAJESH ANGIRA Vs. GOVT OF NCT & ANR

JUDGEMENT

(1.) Vide the present petition under Articles 226 and 227 of the Constitution of India, the petitioner/workman impugns the Award dated 01.11.2012 passed by the learned Labour Court, Karkardooma Courts, Delhi in DID No.69/10, only insofar as it directs payment of compensation of Rs.2 lakhs to him in lieu of his reinstatement and backwages.

(2.) Before dealing with the rival contentions of the parties, it may be appropriate to notice the undisputed facts which emerge from the record. The petitioner/workman having been appointed as a Salesman Clerk in the respondent no.2 w.e.f. May, 1987, continued to render satisfactory services for the next 22 years till he was terminated from service on 27.01.2009, when he was drawing a monthly salary of Rs.28,033.00. It is an admitted case of the parties that during the aforesaid period, no allegation of any kind was ever leveled against the petitioner.

(3.) Aggrieved by his termination, the petitioner raised an Industrial Dispute, wherein the learned Labour Court upon consideration of the evidence led before it, came to a categorical conclusion that the petitioner's termination from service was illegal. The Court also rejected the respondent's plea that its manufacturing activities stood closed in July, 2009 and, thereafter, instead of granting reinstatement with backwages, awarded the petitioner only a lump sum compensation of Rs.2,00,000.00. In these circumstances, the present writ petition has been preferred by the petitioner/workman, challenging only the quantum of compensation awarded to him.