SITA RAM SAINI Vs. JUDGE, LABOUR COURT

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the order dtd. 1/4/2022 passed by the learned Single Judge, whereby, learned Single Judge, while enhancing the amount of compensation from Rs.15,000.00 to Rs.3,00,000.00, has not allowed claim of reinstatement, but only lumpsum compensation.

(3.) Learned counsel for the appellant would submit that in view of the Supreme Court judgment in the case of Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (D.ED.) and Others, 2013 10 SCC 324, reinstatement is rule and compensation would be justified only in extra ordinary circumstances. He would next submit that the aforesaid principle has been recently reiterated by the Supreme Court in the case of Ram Manohar Lohia Joint Hospital and Others v. Munna Prasad Saini and Others reported in AIR 2021 SC 4400. In that case, the Supreme Court held that rule of reinstatement has to be resorted to and it is not necessary that in every case only compensation would be granted. The next submission is that in any case compensation is also on lower side because in the case referred to above Rs.10.00 lac compensation was awarded.