LAKME LTD Vs. JAGDISH P PARMAR

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for following reliefs :

(2.) THE facts of the case as narrated in the present petition are that the respondent herein was engaged by the petitioner company on contractual basis for intermediatory period as and when petitioner company had export order. The appointment of the respondent was for fixed term and for specific time period. In January 1991, the petitioner company had availability of work, and, therefore, offered contractual employment by notice dated 08.12.1990 and by notice dated 02.01.1991 to the respondent workman but respondent workman did not turn up for work. It is submitted that the company petitioner has not terminated the service of the workman on 09.05.1989, as claimed. 2. On 24.01.2008, the Labour Court passed the award wherein it was ordered to the petitioner company to reinstate the workman respondent with 50% backwages and subsequently on 06.04.2011 issued a notice by Government Labour Officer, Gandhidham for non implementation of the award. It is submitted that the petitioner company has been taken over by H.L.L. and due to lack of work, the said unit is already closed since 2000 and reinstatement cannot be done. Petitioner company has already paid 50% backwages.

(3.) I have heard learned counsels for the parties. The management has offered lumpsump compensation of Rs. 11,79,678/ to the respondent workman over and above the amount which is already paid 50% as backwages. Therefore, order of Labour Court is substituted as under :