GOPAL SINGH Vs. JUDGE LABOUR COURT IST

JUDGEMENT

(1.) D.B. Civil Misc. Application No.436/2019 After having heard on application u/s 5 of the Limitation Act and looking to the facts mentioned in the application, the same is allowed and the delay of 51 days in filing the appeal No.649/2019 is condoned.

(2.) The Civil Special Appeal (Writ) No.202/2019 has been filed by the appellant workman and another Civil Special Appeal (Writ) No.649/2019 by Forest Development Officer and Regional Forest Officer against the order dated 12.11.2018 passed by the learned Single Judge whereby the learned Single Judge had partly allowed the writ petition modifying the award dated 15.2.2013 of the learned Labour Court, in the tune of Rs.3,00,000/- as compensation in lieu of reinstatement of workman within a period of three months, failing which the appellant workman would be entitled to 9% interest from the date of award till such payment without following the norms of compensation.

(3.) Brief facts of the case are that the appellant workman was initially appointed daily wage employee as Cattle Guard on 1.12.1991. His services were terminated orally on 17.8.1992. The appellant workman filed a complaint before the conciliation officer. On failure of conciliation proceedings, the conciliation officer sent the report to the State Government thereupon referred the dispute to the learned Labour Court. The appellant workman filed statement of claim before the learned Labour Court. Respondent departments filed their reply thereto. The learned Labour Court after hearing both the parties, declared the termination of the appellant workman as illegal and invalid. The appellant workman was declared entitled for compensation of Rs.15,000/- in lieu of reinstatement. Against the award dated 15.2.2013, the appellant workman preferred a writ petition which was partly allowed by the learned Single Judge modifying the award of the learned Labour Court declaring entitlement for taking compensation of Rs.3,00,000/- within a period of three months failing which the appellant workman would be entitled to 9% interest per annum from the date of award till such payment.