KRISHAN PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Writ Petition filed under Article 226 of the Constitution of India, lays challenge to Award, dtd. 16/4/2019, passed by the Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala, in Reference No.54/2016, whereby Tribunal below though held termination of the services of the Petitioner to be illegal and unjustified, but instead of ordering reinstatement found it expedient to direct the Respondents to pay Compensation of Rs.1.25 lac in lieu of reinstatement, Back Wages, seniority and past service benefits.

(2.) Briefly stated facts, as emerge from the record are that on the basis of demand raised by the Petitioner, appropriate Government made following reference under Sec. 10(1) of the Industrial Disputes Act, 1947 (in short "the Act"):

(3.) On the basis of pleadings as well as evidence led on record, though tribunal below returned the finding that Respondent department has contravened the provisions of Sec. 25-G & 25-H of the Act and termination of the services of the Petitioner is illegal and unjustified, but yet having taken note of the inordinate delay in raising industrial dispute refused to order reinstatement of the Petitioner in service and directed the Respondent to pay Compensation to the tune of Rs.1.25 lac.