SHANKAR LAL SHARMA Vs. PANCHAYAT SAMITI

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner- employee challenging the award dt.19.05.2009 passed by the learned Labour Court No.2, Jaipur City, Jaipur wherein the petitioner has been ordered to be paid Rs.15,000/- as compensation in lieu of reinstatement against termination of his services dt.13.01.1989.

(2.) Learned counsel for the petitioner has submitted that the petitioner was appointed as Class-IV Employee on 19.04.1988 and the petitioner's services were terminated vide verbal order dt.13.01.1989. Counsel submitted that the learned Labour Court has recorded a finding that there has been a violation of Sec.25-F of the Industrial Disputes Act, 1947 (in short 'the Act of 1947').

(3.) The counsel submitted that once the termination of services of the petitioner was found to be bad in the eye of law, the meager sum of Rs.15,000/- in lieu of reinstatement is no solace to him. Counsel submitted that in the normal course, reinstatement back in service with back wages is the relief given when termination is declared illegal. Mr.Gupta submitted that the learned Labour Court even while awarding lump-sum amount of Rs.15,000/-, has not kept the parameters in mind, to award compensation, in lieu of reinstatement.