SHRI BHANWAR LAL S/O. SHRI HARDEVA, AGED ABOUT 37 YEARS, R/O SEJDA KI DHANI, TAN BHILUNDA, TEHSIL LAXMANGARH, DISTRICT SIKAR (RAJ.) Vs. THE JUDGE LABOUR COURT NO.2, RAJASTHAN, JAIPUR

JUDGEMENT

(1.) The only submission of the counsel for the petitioner is that despite having been found to have worked for 240 days in the 12 months immediately preceding 22.03.1996 when the petitioner's services were illegally terminated without compliance with Sec. 25-F of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947'), the Labour Court has, instead of reinstating the petitioner, awarded in lieu, compensation only for a sum of Rs.10,000.00. It has been submitted that even though the petitioner in the circumstances can claim that the impugned award dated 16.02.2010 be modified to direct his reinstatement, he would be satisfied if the compensation in lieu of reinstatement as awarded by the Labour Court were to be suitably enhanced to approximately reflect the real loss suffered by the petitioner from the illegality striking at his right to livelihood and its statutory protection thereof.

(2.) Mr. Ankur Saxena appearing on behalf of Dr. A.S. Khanagarot, Addl.GC submits that the Labour Court having exercised its discretion in awarding Rs.10,000.00 as compensation in lieu of reinstatement despite finding contravention of Sec. 25-F of the Act of 1947, this Court should not interfere therewith in the exercise of its jurisdiction under Art. 226 of the Constitution of India.

(3.) Heard. Considered.