GURDIP SINGH Vs. PRESIDING OFFICER AND OTHERS

JUDGEMENT

(1.) While issuing notice of motion, this Court restricted the prayer to enhancement of compensation in lieu of reinstatement. At the motion hearing on 23.1.2014, Mr.Arora learned counsel appearing for the petitioner-workman relied on the decision of the Supreme Court in Assistant Engineer, Rajasthan Development Corporation and another v. Gitam Singh, 2013 5 SCC 136 to submit that the workman was entitled to much higher compensation than the niggardly amount awarded by the Labour Court.

(2.) Broad facts are; the petitioner had to his credit service of one year and nine months with the Board while serving as a daily wage worker before his services were terminated in breach of the provisions of Section 25-F of the Industrial Disputes Act, 1947 [briefly 'ID Act'].

(3.) The Presiding Officer, Labour Court, Patiala has affirmed that termination has been visited on the claimant in violation of the mandatory procedure in Section 25-F of the Act which makes the termination illegal and ab-initio void. The court a quo has deemed it fit to deny reinstatement and instead awarded compensation of only Rs. 25,000/- as compensation in lieu of reinstatement. The amount of Rs. 25,000/- is very demeaning and represents paltry relief awarded in improper exercise of jurisdiction by the Labour Court.