CIMMCO BIRLA LTD. Vs. MAHENDRA SINGH AND ORS.

JUDGEMENT

(1.) Instant intra-court appeal has been preferred against order of the ld. Single Judge dt.15.01.2014 affirming the award of the ld. Labour Court dt.01.04.2004 & upholding the finding that retrenchment of the respondent-workman was in violation of Sec. 25-F of the Act, 1947.

(2.) The ld. Labour Court, Bharatpur while holding that termination was in violation of Sec. 25-F of the Act, 1947 directed that the workman shall be entitled for reinstatement and continuity in service along with all consequential benefit including salary but when the writ petition came to be preferred by the present appellant, the ld. Single Judge confirmed the finding of fact as regards violation of Sec. 25-F of the Act, 1947, however, looking to the fact that the respondent-workman served as a Driver for the period from April, 1986 to January, 1988 and much water has flown thereafter and in these facts & circumstances, considered it appropriate that in lieu of reinstatement, he may be awarded a lump-sum amount of compensation of Rs. 1,50,000/-.

(3.) The main thrust of submission of counsel for the appellant is that the respondent-workman had worked as a Driver but he was engaged through the Contractor and his service conditions were regulated under the Contract Labour (Regulation & Abolition) Act, 1970 and as regards the present appellant is concerned, he is not entitled to seek protection of Sec. 25-F of the Act, 1947.