STATE OF RAJASTHAN Vs. RAJENDRA SINGH

JUDGEMENT

(1.) Heard.

(2.) This appeal arises out of order dtd. 4/12/2019 passed by learned Single Judge whereby the State's petition against the award of labour court directing reinstatement with backwages to the extent of 25%, in favour of respondent- workman has been dismissed.

(3.) Learned Additional Advocate General assailing correctness and validity of the order under challenge, submits that the learned Single Judge, while rejecting the petition did not appreciate the submissions which were raised and the settled principle of law in view of catena of decisions of Hon'ble Supreme Court, referred to in a Division Bench judgment of this court in the case of The Director Tiger Project, Sariska, District Alwar Vs. Labour Court and Industrial Tribunal, Alwar and Ors. (DBSAW No.406/2018) and the batch of appeals decided on 31/7/2018. His contention is that the principle which has now been evolved is that even though, reinstatement may be a rule in a case where it was found to be illegal and in violation of the mandatory provisions of Sec. 25 F of the Industrial Act but in exceptional circumstances, reinstatement may not be awarded and instead, lump sum compensation may be paid.