MANPHOOLA RAM Vs. JUDGE LABOUR COURT, BIKANER

JUDGEMENT

(1.) This petition is directed against award dated 30.9.16 passed by the Labour Court, whereby while declaring the termination of the petitioner-workman illegal, he is directed to be paid a sum of Rs. 1,00,000.00 lump sum compensation in lieu of reinstatement. It is further directed that if the amount of compensation is not paid within a period of two months from the date of publication of the award, the amount payable shall carry interest @ 9%.

(2.) Learned counsel appearing for the petitioner submitted that the retrenchment of the petitioner having been found illegal, he is entitled to be reinstated in service with consequential benefits. Learned counsel would submit that the services of persons junior to the petitioner, have been regularised and thus, the Labour Court has seriously erred in denying the relief of reinstatement in service to the petitioner. Learned counsel submitted that the denial of the relief of reinstatement in service on the ground of delay in making reference and the petitioner being not appointed against the sanctioned post, is absolutely unjustified.

(3.) On the other hand, the Additional Government Counsel submitted that on the facts and in the circumstances of the case, where the dispute questioning the legality of termination from service was raised by the workman after lapse of about 13 years, the Labour Court has committed no error in denying the relief of reinstatement and instead awarding the lump sum compensation. Learned counsel submitted that as a matter of fact, the compensation awarded in favour of the workman is in higher side.