RAM KISHAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present Appeals bearing LPA-540 and 1770-2018 arise out of Common Judgment of the learned Single Judge passed in C.W.P. No.23090- 2012 titled Ram Krishan v. Presiding Officer, Labour Court, Hissar decided on 16/1/2018.

(2.) The learned Single Judge modified the award of the Labour Court, dtd. 27/8/2010 whereby compensation of only Rs.45,000.00 had been given and granted Compensation to the tune of Rs.3,50,000.00 which would be payable within a period of 4 months. The conditional Interest @ 6% per annum from the date of the Judgment was also granted in case the Compensation was not paid within prescribed period. The reasoning given by the learned Single Judge to enhance the Compensation was that the appointment was from 1/3/1991 to 31/3/2003 and the Demand Notice was only served on 31/12/2005. It was also observed that the appointment was on Daily Wage basis and there was no right to hold the post. Reliance had been placed upon Bharat Sanchar Nigam Ltd. v. Bhurumal, 2014 (7) SCC 177, to enhance the Compensation while approving the dictum of the Labour Court that reinstatement was not to be granted.

(3.) A perusal of the paperbook would go on to show that the claim was of an appointment in the Arawali Project in the Dadri Range with the Forest Department on 1/3/1991. The averment was that the project was closed from 31/10/1999 and the assets and liabilities were taken over by the Divisional Forest Officer (T), Bhiwani and after the abolition of the said project, he had worked with the Range Office (T), Charkhi Dadri and on 1/4/2003, he was not allowed to resume duty. Juniors were stated to have been retained and fresh hands had been appointed and accordingly, claim statement was also filed on the reference having been made to the Labour Court.