KOYALI Vs. DEPUTY CONSERVATORS OF FOREST

JUDGEMENT

(1.) The office has pointed out delay of 56 days in filing of the appeal, in support thereof application has been filed under Section 5 of the Limitation Act seeking condonation of delay.

(2.) We have heard counsel for the parties. Delay has been satisfactorily explained. The application under Section 5 of the Limitation Act is accordingly allowed. Delay in filing of the special appeal is accordingly condoned.

(3.) So far as the merit of the case is concerned, the workman who happens to be the wife/mother of the present appellants who are the Legal Representatives of the deceased workman, she worked on daily wage basis in the year 1987 & 1988 and the finding has been recorded by the Labour Court that in the year 1987 she worked for 114 days and was engaged for 220 days in the year 1988 and had not worked even for single day in the year 1989. After the reference was made by the appropriate government and after examining the material on record, the ld. labour court recorded a finding that there is a violation of Section 25F of the Act 1947 and the workman deserves indulgence of reinstatement with continuity in service without back wages under the award impugned dated 28th November 2005. Award came to be the subject matter of challenge at the instance of the respondent in S.B. Civil Writ Petition No. 1177/2006. To the dismay of the respondent-workman, she died during the proceedings on 23rd January, 2014 and application came to be filed under Order 22 Rule 4 CPC for taking the Legal Representatives of the deceased-respondent workman on record who are in all 7 members i.e. her husband and 6 children but all of them attained the age of majority and after the matter being heard, the learned Single Judge also after appreciation of evidence recorded by the learned Labour Court in the award impugned arrived to the conclusion that indeed there is a violation of Section 25F of the Act 1947 but looking to the fact that the workman died during pendency of the proceedings & reinstatement which has been awarded by the ld.Labour Court is not permissible on change in circumstances but taking note in totality of the matter and the total period she worked, the learned Single Judge was of the view that in the interest of justice the deceased-workman is awarded compensation of Rs.50,000/- in lieu of reinstatement which otherwise was not possible. It was also observed that if the compensation in lieu of reinstatement is not paid within two months from the date of receipt of certified copy of the order that will carry interest @ 12% per annum.