RAJU BARMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As the Government Advocate is authorized to appear even for respondent No. 3 by virtue of "Vernacullar matter (Omitted)"dated 20.7.2015; with consent of learned counsel for the parties, the matter is heard finally. This petition under Article 227 of the Constitution of India, takes exception to the Award dated 12.2.2016 passed by Labour Court in a reference case No. 186/I.D.R./2005 whereby, on a reference of industrial dispute for adjudication as to whether removal of the petitioner from services is valid ? and if not, what relief he is entitled for? The Labour Court while holding the retrenchment illegal for non-compliance of Section 25F of the Industrial Disputes Act, 1947, has directed for payment of compensation of Rs. 1 Lakh.

(2.) Petitioner-workman is aggrieved of the Award to the extent that instead of reinstatement, the Labour Court had erred in granting compensation.

(3.) The sole question which crops up for consideration is whether the Labour Court is justified in granting compensation or ought to have directed for reinstatement.