GWALIOR DEVELOPMENT AUTHORITY Vs. ASARFI LAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of india has been filed against the order dated 30/3/2012 passed by Labour Court No.1, Gwalior in COC No.15/A/I.D. Act/2008 (Reference).

(2.) The necessary facts for disposal of the present petition in short are that the respondent was engaged as a Sweeper in the year 1993, but he was never engaged on the sanctioned or vacant post. As the work of Sweeper was not available and was not required in the establishment of the petitioner, therefore, he was removed from service w.e.f.5/4/1999 by an oral order. The respondent filed an application before the Conciliation Officer on the allegations that he had worked from the year 1993 till 1995 continuously for more than 240 days in a calendar year, however, no show-cause notice was issued neither any retrenchment compensation was paid nor one month salary in lieu of the notice was paid to the respondent, therefore, his removal from service amounts to illegal retrenchment. On failure of conciliation proceedings, the matter was forwarded to the appropriate Government and the matter was referred to the Labour Court for adjudication, which was received by the Labour Court on 7/2/2008. After receiving the notice, respondent filed statement of claim before the Labour Court. The petitioner also filed its written statement. However, the Labour Court by impugned award dated 30/3/2012 has held that the respondent had worked for more than 240 days in a calendar year and his removal from service was not valid and, accordingly, it was directed that the respondent be reinstated.

(3.) Challenging the award passed by the Labour Court various submissions were made by the counsel for the petitioner, however, he has confined his submission to the question of reinstatement only. It is submitted that the services of the petitioner were terminated in the year 1999, however, he approached the Conciliation Officer on 26/2/2007. The conciliation proceedings had failed subsequent thereto and, accordingly, reference was made, which was received by the Labour Court in the month of March, 2008. The statement of claim was filed by the respondent on 18/12/2008 and the award has been passed on 30/3/2012. Accordingly, it is submitted that under these circumstances, where the services of the petitioner were terminated in the year 1999 and he approached the Conciliation Officer for the first time in the year 2007 and the award has been passed on 30/3/2012, therefore, instead of directing for reinstatement, the Labour Court should have directed for payment of monetary compensation in lieu of the reinstatement.