JAMIL AHMED USTA Vs. ADDITIONAL COLLECTOR CUM SECRETARY

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 13.3.14 of the learned Single Judge of this court, whereby the writ petition preferred by the respondent, questioning the legality of award dated 27.7.98 passed by the Labour Court, Barmer, declaring the termination services of the appellant as illegal and directing reinstatement with continuity of service and full back wages, has been partly allowed and the award passed by the Labour Court stands modified in terms that the appellant shall be entitled for lump sum compensation a sum of Rs. 50,000.00 in lieu of reinstatement and back wages.

(2.) Learned counsel appearing for the appellant contended that the retrenchment of the appellant having been found illegal and void, he is entitled to be reinstated in service with consequential benefits and thus, the award passed by the Labour Court was not open to be interfered with by the learned Single Judge in exercise of powers under Article 226/227 of the Constitution of India. In this regard, learned counsel has relied upon a decision of the Honourable Supreme Court in the matter of "Gauri Shanker Vs. State of Rajasthan", (2015) 12 SCC 754.

(3.) We have considered the submissions of the learned counsel for the appellant and perused the material on record.