OM PRAKASH Vs. SUPERINTENDING ENGINEER, PHED & ORS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The challenge in this intra-court appeal is the order dated 6th March, 2012 passed by Single Bench of this Court, whereby writ petition preferred by petitioner/appellant against award passed by Labour Court No.2, Jaipur dated 21st June, 2010, whereby petitioner was awarded a lump sum amount of compensation of Rs. One lac, in lieu of reinstatement with back wages, has been dismissed.

(3.) The State Government, Labour Department vide its notification dated 9th August, 2002 made a reference in respect of termination of services of workman/petitioner by respondent on 31st August, 1986. Matter was contested by non-applicant/employer. Learned Labour Court after considering oral and documentary evidence on record and submissions of parties, recorded a finding that there is a violation of provisions of Section 25F, G & H. However, looking to various reasons, the learned Tribunal instead of passing an order of reinstatement of workman, directed the employer to pay a lump sum amount of compensation of Rs. One Lac to the employee. The learned Labour Court observed that workman was a daily wager at the rate of Rs.11/- per day on muster roll; his post was of a temporary nature and he was not working against permanent or sanctioned post. The matter relates to the year 1986, therefore, it is about 24 years old. Therefore, relying upon judgment of Rajasthan High Court in Vikas Adhikari Vs. Judge Labour Court,2007 2 RLR 740 and judgment of Hon'ble Apex Court in Ashok Kumar Vs. Oberoi Flights Services, 2009 4 AWC 3993 awarded a lump sum amount of compensation in lieu of reinstatement and back wages.