DHARMENDRA SINGH KUSHWAH Vs. JANPAD PANCHAYAT

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of Constitution of India has been filed against the Award dtd. 29/11/2019 passed by Labour Court, No.3, Gwalior in Case No.06/A/ID Act/2016(R) by which a direction has been given to the respondent No.1 to pay compensation of Rs.2,50,000.00 in lieu of reinstatement.

(2.) It is the case of the petitioner that the petitioner was appointed on the vacant post of Computer Operator on daily wages vide resolution passed by Janpad Panchayat, Guna in its general body meeting, dtd. 27/07/2007 and accordingly, the petitioner was appointed by order dtd. 08/08/2007 and he was attached to the Office of respondent no.2 for election duty from 01/11/2008, but the salary was being paid by respondent No.1. The petitioner has worked till 05/03/2015 and by order dtd. 05/03/2015, his services were terminated. The said order was challenged by the petitioner by approaching the Labour Court, who decided the case in favour of the petitioner and held that the termination of the petitioner is bad in law, however, in lieu of reinstatement, the Labour Court has awarded a compensation of Rs.2,50,000.00. Accordingly, it is prayed that since the petitioner had worked for about eight years, therefore, he should have been granted reinstatement instead of compensation.

(3.) Per contra, it is submitted by the Counsel for the respondents that the petitioner was appointed de hors the rules and his appointment was illegal and was a backdoor entry and after considering this aspect, the Labour Court has awarded compensation in lieu of reinstatement.