STATE OF RAJASTHAN Vs. MANAK CHAND

JUDGEMENT

(1.) THE petitioner -State (Forest Department) has filed the present writ petition (CW No. 2144/2000) being aggrieved by the impugned judgment and award dated 28.10.1999 passed by learned Judge, Labour Court, Sri Ganganagar in Labour Case No. 40/98 (6/94) - Manak Chand vs. Dy. Conservator of Forest, Sri Ganganagar, whereby the learned Industrial Tribunal has held that termination of the respondent/workman -Manak Chand S/o. Kanhaiya Lal, w.e.f. 04.06.1985 was contrary to the provisions of the Industrial Disputes Act, 1947 (for short hereinafter, referred to as 'Act of 1947'). The respondent/workman was employed on daily wages worker in the petitioner -Forest Department w.e.f. 06.06.1983. The learned Industrial Tribunal vide the impugned judgment and award directed reinstatement of the respondent/workman in service with 20% back wages.

(2.) BY the orders of the coordinate bench of this Court, the petitioner -State through its Forest Department was directed to make payment of wages to the respondent/workman u/s. 17 -B of the Act of 1947. The orders dated 13.04.2009 and 20.11.2013 in the present are quoted below for ready reference: -

(3.) AFTER hearing the learned counsel for the respondent/workman, this Court is of the opinion that reinstatement of the respondent/workman after more than 29 years now will not sub -serve the interest of justice and in view of recent trend of the Hon'ble Apex Court in such cases of late now, the consistent view is that the reinstatement in such circumstances after long number of years, is not justified and in lieu of reinstatement, suitable compensation may be given to the retrenched workmen.