SURESH CHANDER Vs. NAGAR PALIKA RAJSAMAND

JUDGEMENT

(1.) By the award dated 2.11.2004 the Labour Court, Udaipur, while answering the reference made to it by appropriate government under a notification dated 23.3.1998, awarded the workman a compensation of Rs. 15,000/- in lieu of reinstatement, after holding his retrenchment void being in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947.

(2.) While placing reliance upon the judgment of Hon'ble Supreme Court in the case of Mohan Lal v. The Management of Bharat Electronics Ltd., 1981 AIR(SC) 1253, and Harjinder Singh v. Punjab State Were Housing Corporation, 2010 AIR(SCW) 1357, it is contended by counsel for the Petitioner that on being declared the retrenchment void ab-initio, the only natural corollary relating to the relief is reinstatement in service with all consequential benefits, as such the Labour Court erred while granting compensation in lieu 2 of the reinstatement. The issue agitated is considered by a Division Bench of this Court in Rajesh Kumar v.The Labour Court, Udaipur, DB Special Appeal Writ No. 799/2009, decided on 4.1.2011, holding as under:

(3.) As held by the Division Bench, in appropriate cases the Labour Court is empowered to award an appropriate relief including reasonable compensation to the workman in lieu of reinstatement. The only question survives is what should be the reasonable compensation?