MANOJKUMAR SHANKARLAL PATHAK Vs. SHETH ANANDJI KALYANJI FIRM

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 11.07.2005 passed by the Labour Court, Kalol in Reference [LCK] No. 730/1998, whereby, the Labour Court has directed the respondent to pay lump sum compensation of Rs.35,000/- to the petitioner.

(2.) The short facts of the case are that the petitioner at the relevant time was working as Watchman [Chowkidar] with the respondent and he worked as such for a period of about nine years. The respondent without following due procedure of law, dismissed the petitioner from service w.e.f. 15.01.1995. Thereafter, the petitioner was again appointed on the post of Watchman as reliever at Junagadh Branch vide order dated 23.03.1998. As the petitioner was residing at Kalol, he requested the respondent to transfer him to a nearby place. However, the respondent vide order dated 08.05.1998 terminated the service of the petitioner.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The learned counsel for the respondent states that the respondent is agreeable to pay additional amount of Rs.5,000/- to the petitioner over and above the retirement dues which are payable under the Rules.