LAWS(GJH)-2011-2-34

CHANABHAI GHELABHAI ODEDARA Vs. PRESIDENT CHIEF OFFICER

Decided On February 07, 2011
CHANABHAI GHELABHAI ODEDARA Appellant
V/S
PRESIDENT / CHIEF OFFICER Respondents

JUDGEMENT

(1.) RULE. Mr. Devnani, learned advocate waives service of notice of RULE. RULE is fixed forthwith at the request of learned advocates for the parties.

(2.) THE petitioner-second party workman in Reference (LCJ) No. 139 of 2000 has approached this Court under Articles 226 and 227 of the Constitution of India challenging the order and award passed by the Presiding Officer, Labour Court, Junagadh, camp at Porbandar, in so far as it did not order reinstatement and in lieu thereof granted lump sum amount that too without taking into consideration an appropriate factors for arriving at appropriate lump sum payment.

(3.) SHRI Prachchhak, learned advocate appearing for the petitioner contended that Rs.20,000/- with cost of reference of Rs.1,000/- is too meager amount to be awarded keeping in mind the actual services rendered by the petitioner before his termination is effected. He submitted that in a given case, Supreme Court has awarded Rs.50,000/- if the workman had completed more than five years of service. However, he submitted that the appropriate enhancement of the compensation be ordered by the Court.