LAWS(RAJ)-2012-7-70

MADAN MOHAN GUPTA Vs. JUDGE LABOUR COURT

Decided On July 04, 2012
MADAN MOHAN GUPTA Appellant
V/S
JUDGE LABOUR COURT Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THE workman/appellant filed his statement of claim before Labour Court, Jaipur contending that his services were terminated in violation of provisions of the Industrial Disputes Act, 1947 (for short 'the Act'), therefore, the management be directed to reinstate him with continuity of service and back wages. The matter was contested by management. Labour Court vide its award dated 15th March, 1995 held that termination of workman is not valid and legal, therefore, he is entitled for reinstatement with continuity of service and back wages. Being aggrieved with the award, the management/respondent No.2 filed S.B. Civil Writ Petition No.3769/1995.

(3.) SO far as award of lump sum amount of Rs.75,000/- towards compensation in lieu of reinstatement with back wages is concerned, we find that the matter relates to the year 1980. Reference was made in the year 1986. The award was passed in the year 1995. The appellant has also got the benefit under Section 17-B of the Act. Appellant has also attained the age of 58 years. Therefore, learned Single Judge was absolutely right in awarding an amount of Rs.75,000/- towards compensation in lieu of reinstatement with back wages, in the facts and circumstances of the present case.