JASBIR SINGH Vs. MUNICIPALITY GARDHIWALA

JUDGEMENT

(1.) This appeal has been preferred against the order of learned single Judge setting aside the order of reinstatement of the appellant and substituting the same by direction to pay compensation amounting to Rs.. 25,000/-. The workman was initially appointed for 89 days as Octroi Clerk and worked from April 19, 1986 for about 14 months. The workman raised an industrial dispute alleging violation of Section 25-F of the Industrial Disputes Act (for short "the Act"). The matter was referred for adjudication to the Labour Court. The labour Court vide award dated March 2, 1990 upheld the plea of the workman and directed reinstatement with continuity of service and full back wages. The Muncipality-management preferred a writ petition in this Court which remained pending for about 20 years. However, the workman continued to get last pay drawn under Section 17-B of the Act. Learned single Judge, having regard to the fact that workman had worked only for about 14 months, held that the workman was not entitled to reinstatement with back wages but to compensation of Rs.. 25,000/- in addition to wages drawn under Section 17-B of the Act during the pendency of the proceedings.

(2.) We have heard learned counsel for the appellant.

(3.) Learned counsel for the appellant submits that once violation of Section 25-F was established, the workman was entitled to reinstatement with full back wages as he remained unemployed during the pendency of the proceedings. Reliance has been placed on judgment of Hon'ble the Supreme Court in Rajasthan Lalit Kala Academy v. Radhey Sham, 2008 13 SCC 248 wherein compensation of Rs.. 3 lacs was awarded.