SURESHBHAI GOVINDBHAI KHOKHARI Vs. PRESIDENT CHIEF OFFICER

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. 145 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 Devnani, learned advocate appearing for the respondent relied upon unreported decision of this Court in case of BHURABHAI VEJABHAI AGATH VS. PRESIDENT/CHIEF OFFICER dated 23.12.2010 and contended that in such a case, the compensation is awarded keeping in mind all factors and this Court therefore, is of the view that Rs.13,000/- as compensation is too meager then the Court may enhance the same but not more than Rs.40,000/- in any case.