POOJA SOYA INDUSTRIES (P) LTD. Vs. PRAMOD SHAH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is at the instance of employer challenging the award dated 18/9/2012 passed by the Labour Court Ratlam directing reinstatement with back-wages and all consequential benefits and alternatively compensation to the tune of Rs. 4 lakhs in lieu of the reinstatement.

(2.) In brief, services of the respondent who was working as Store In-charge in the employment of the petitioner were terminated and the respondent had filed an application under Section 10 of Industrial Disputes Act and since the reconciliation had failed therefore, a reference was made to the Labour court under the provisions of Industrial Disputes Act and after recording the evidence, the Labour court has passed the impugned award.

(3.) Learned counsel for the petitioner submits that the respondent has worked only for a period of 5 months therefore, the relief of compensation to the tune of Rs. 4 lakhs in lieu of reinstatement is on the higher side. He has further submitted that the Labour court has committed an error in granting the back wages and that the petitioner had not completed 240 days of working, therefore, he was not entitled for any relief.