IQBAL KHAN Vs. LABOUR COURT, JODHPUR & ANR

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner Iqbal Khan has approached this Court for assailing the award Annex.3 dated 6.1.2011 passed by the Industrial Tribunal cum Labour Court, Jodhpur in Industrial Dispute Case (Central) No.2/2008 whereby, the learned Tribunal held the termination of the petitioner from the services of the respondent Central Bank of India by order dated 14.9.2002 to be illegal as having been carried out without following the mandatory procedure prescribed under Section 25F and Section 25H of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947') and while setting aside the said order, the Tribunal directed that the petitioner shall be entitled for compensation to the tune of Rs.40,000/- in lieu of reinstatement.

(2.) The petitioner, has approached this Court praying that :-

(3.) Mr.M.A. Siddiqui learned counsel representing the petitioner vehemently urged that as per the finding of the Tribunal which has attained finality, the petitioner was employed by the respondent Bank as a Class-IV employee on daily wages and his services were utilised for a period between 16.11.1999 to 14.9.2002 which comes to nearly 2 years & 10 months. Thus, as per Shri Siddiqui, once the petitioner's retrenchment was held to be illegal, the only just relief to which the petitioner was entitled was reinstatement with full back wages. In support of this argument, he relied upon the judgment rendered by the Hon'ble Supreme Court in the case of Gauri Shanker. vs. State of Rajasthan (Civil Appeal No.3701/2015). In the alternative, he urged that the quantum of compensation awarded to the petitioner is meagre and should be adequately enhanced. In support of this contention, he relied upon the judgment rendered by the Hon'ble Supreme Court in the case of B.S.N.L. vs. Bhurumal (Civil Appeal No.10957/2013).