GURU JAMBHESHWAR UNIVERSITY Vs. SHIVAL KUMAR AND ORS.

JUDGEMENT

(1.) This order shall dispose of two Letters Patent Appeals bearing Nos.857 and 858 of 2015 filed by Guru Jambheshwar University, Hisar as well as the cross-objections (Cross Objection No.2-LPA of 2015 in LPA No.857 of 2015 and Cross Objection No.3-LPA of 2015 in LPA No.858 of 2015) filed by the respondent-Kurukshetra University, Kurukshetra in the aforesaid two appeals.

(2.) These appeals are arising from a common order dated 18.12.2014 passed by the learned Single Judge whereby two writ petitions (C.W.P. Nos.23696 of 2011 and 23721 of 2011) filed by the workmenBirbal and Shival Kumar, respectively, challenging the award dated 15.02.2011 passed by the Industrial Tribunal-cum-Labour Court, Hisar qua grant of inadequate compensation to the tune of Rs. 25,000/-, were partly allowed and workman-Birbal was held entitled to Rs. 4,50,000/- as compensation and workman-Shival Kumar was held entitled to Rs. 4,00,000/- as compensation in lieu of reinstatement. Both Kurukshetra University, Kurukshetra and Guru Jambheshwar University, Hisar (appellant herein) were held jointly and severally liable to pay compensation. It is pertinent to mention here that the Labour Court fixed the liability to pay the compensation only on the Kurukshetra University, Kurukshetra.

(3.) In the appeals, the plea of Guru Jambheshwar University is that both the workmen were initially engaged by the Kurukshetra University and subsequently their services were also terminated by the Kurukshetra University, therefore, the Labour Court had rightly fixed the liability to pay the compensation in lieu of reinstatement on the Kurukshetra University and the learned Single Judge has erred in law while directing the appellantUniversity to pay the part of the compensation proportionately to the workmen only on the ground that during the interregnum period the Regional Centre, where the workmen were employed, was under the control of the Guru Jambheshwar University, Hisar