SHIV KUMAR SINGH Vs. LABOUR COURT ALLAHABAD

JUDGEMENT

(1.) AWARD dated 10th February, 1983. rendered by the Labour Court, Allahabad, the respondent no. 1, in Adjudication Case no 101 of 1981, arising out of a reference under section 10 of the Industrial Disputes Act, 1947 (hereinafter called the Act) in relation to the order of termination dated 19th April, 1980 whereby the employer dispensed with the services of the petitioner, is under challenge in this writ petition under Article 226 of the Constitution of India.

(2.) BY means of the impugned award, the Labour Court, the respondent no. 1, has found that the termination of the services of the petitioner was not legal and proper. But, taking into account the circumstances of the case, it has granted the relief of compensation equivalent to two years' salary along with dearness allowance and Rs- 200/- as costs

(3.) THE short answer to the argument advanced by the learned counsel for the petitioner is section 11-A of the Act which clothes the Labour Court, the Tribunal and the National Tribunal with the power to deny the relief of reinstatement and give such other relief to the workman as the circumstances of the case may require. In fact, section 11-A of the Act confers a discretion to grant a relief other than reinstatement if the circumstances of the case so warrant. of course, this discretion has to be exercised on relevant considerations and not capriciously.