DEPUTY EXECUTIVE ENGINEER Vs. MADHUGAR HIRAGAR GOSWAMI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner-Executive Engineer, Gujarat Water Supply and Sewerage Board has prayed for an appropriate writ, direction and order for quashing and setting aside the impugned judgment and award dated 31.3.2003 passed by the Presiding Officer, Labour Court, Junagadh passed in Reference (LCJ) No. 1437 of 1990 (New Number), by which the Labour Court has directed the petitioner to reinstate the respondent to his original post with 20% back wages but with continuity of service.

(2.) Having heard the learned advocates for the respective parties and considering the fact that the termination of the respondent as a daily wager was in the year 1988 and the total tenure of his service was only 4 years and considering the decision of the Hon?ble Supreme Court in the case of Senior Superintendent Telegraph, Bhopal Vs. Santosh Kumal Seal and others reported in (2010) 6 SCC, 773, it appears to the Court that in lieu of the reinstatement and back wages as ordered by the Labour Court if the respondent is awarded lump-sum monetary compensation of Rs.40,000/- ,it would sub-serve the ends of justice. Learned advocates for the respective parties has no objection if the impugned judgment and award passed by the Labour Court is directed to be modified to the aforesaid extent. They do no invite any further reasoned order.

(3.) In view of the above, present petition is partly allowed and the impugned judgment and award dated 31.3.2003 passed by the Presiding Officer, Labour Court, Junagadh passed in Reference (LCJ) No. 1437 of 1990 (New Number), is hereby modified to the extent that petitioner to pay sum of Rs.40,000/- to the respondent in lieu of reinstatement and back wages by way of lump-sum monetary compensation and the same shall be paid within a period of Six weeks from today, failing which it shall carry interest at the rate of 9%. Rule is made absolute accordingly. No costs.