HOSPITALS, UDAIPUR Vs. BUDHWANTI

JUDGEMENT

(1.) NONE present for the petitioner -State (Medical and Health Department).

(2.) THE petitioner -State/employer has filed the present writ petition against the impugned judgment and award dated 06.01.2000, passed by learned Judge, Industrial Tribunal & Labour Court, Udaipur, whereby the learned Tribunal holding that the retrenchment of the respondent/workman (Smt. Budhwanti) who was working as sweeper from the services of Group of Public Hospitals, in Udaipur, w.e.f. 01.04.1987 was contrary to the provisions of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'Act of 1947'). The learned Tribunal by its award has directed the payment of compensation of Rs.18,000/ - in lieu of reinstatement back in service with full back wages.

(3.) THE Division Bench of this Court in the case of Sub - Divisional Officer, Pokaran, District Jaisalmer Vs. Ashok Kumar & Anr., (DBSAW No.103/2006, decided on 19.11.2012) following the decision of Hon'ble Apex Court in the case of Haryana State Electronics Development Corporation Vs. Mamni reported in (2006) 9 SCC 434 and in the case of Uttaranchal Forest Development Corporation Vs. M.C. Joshi reported in (2007) 9 SCC 353, while modifying the award of the labour court, instead of reinstatement, directed to make payment of Rs.35000/ - to the respondent/workman towards compensation. The relevant and operative portion of the judgment of the Division Bench of this Court is quoted herein below for ready reference: -