MAHILA SAMAKHYA SOCIETY Vs. PRAVINBHAI RAMJIBHAI MAKWANA

JUDGEMENT

(1.) The present writ petition has been filed assailing the award dtd. 16/12/2015 passed by the Labour Court, Rajkot in Reference (LCR) No.426 of 1993 directing the petitioner-Society to pay lump-sum compensation of Rs.1,60,000.00.

(2.) Learned advocate Ms.Jayswal has submitted that the respondent-workman was appointed purely on ad hoc basis and it was not fair on the part of the Labour Court to award compensation till superannuation. She has submitted that in the statement recorded below Exh.73, the respondent- workman has admitted that he has met with an accident, which caused death of one girl. Thus, she has submitted that in view of the admission of the respondent-workman, there is no requirement of holding any departmental inquiry. It is further finally submitted that looking to the service of the petitioner for 22 months i.e. from 11/6/1991 to 28/4/1993, the compensation of Rs.1,60,000.00 is on higher side.

(3.) In response to the aforesaid submissions, learned advocate Ms.Chhaya has submitted that the award does not require interference since, after examination of documentary as well as oral evidence, the Labour Court has found that termination of the respondent-workman, who was serving as a driver, is in violation of Sec. 25F and 25H of the Industrial Disputes Act, 1947 (I.D. Act ). It is submitted by her that since by the time of reference was decided, the respondent-workman reached the superannuation and hence, the compensation of Rs.1,60,000.00 was awarded looking to the tenure of his service and wages paid to him. She has placed reliance on the judgement of the Apex Court in the case of Divisional Controller Maharashtra State road Transport Corporation Vs. Kalavati Pandurang Fulzele, 2022 (2) SC 103, wherein the Apex Court has awarded Rs.3,00,000.00 to the casual employee, who has rendered three years of service.