EXECUTIVE ENGINEER Vs. SUKHDEV

JUDGEMENT

(1.) CM No. 4980-LPA of 2016 Civil Misc. is allowed. Delay of 182 days in filing the appeal is condoned. LPA No. 2393/2016 1. The present Letters Patent Appeal is instituted against the judgment rendered by learned Single Judge in Civil Writ Petition No. 11191 of 2005 Sukhdev vs Presiding Officer, Labour Court, Gurgaon and another, on 4.5.2016.

(2.) The brief facts necessary for the adjudication of the case are that respondent-Sukhdev was appointed as Mali-cum-Chowkidar on 18.5.1995 on muster roll basis. He was retrenched on 21.8.1997. He raised an industrial dispute. The matter was referred to Labour Court, Gurgaon. The parties led their evidence. The learned Labour Court declared that retrenchment of the respondent-workman was in violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the Act'). The learned Labour Court has only awarded the compensation of Rs.1,20,000/-, instead of ordering reinstatement of the respondent-workman with continuity in service with full back wages.

(3.) The respondent-workman filed writ petition against the award made by the Labour Court on 3.11.2004 in this Court. The learned Single Judge vide order dated 4.5.2016 disposed of the writ petition after hearing the parties.