M/S Harsha Tractors Ltd. vs Secretary, (Labour) And Others
2001 Latest Caselaw 263 Del

ORDER

Mukul Mudgal, J.

1. There is no appearance for any of the parties. There was no appearance for any of the parties on 9.1.2001 also. Accordingly, the writ petition which is of the year 1984 is being taken up today for hearing.

2. On 17th of February, 1984, notice was issued by this Court confined to the question that as to Labour Court's award of disproportionate and excessive compensation of Rs.60,000/- to workman-respondent No.3 in lieu of reinstatement by the impugned Award dated 23rd July, 1983.

3. This writ petition is thus confined to the quantum of compensation of Rs.60,000/- awarded in lieu of reinstatement. One cannot lose sight of the fact that the invalidity of the termination of services of the petitioner stood upheld by this Court's order dated 17.2.1984. I am only required to determine the plea raised by the petitioner that the amount awarded as compensation in lieu of reinstatement was excessive. Considering the fact that the petitioner-management's did not deny that neither the charge-sheet was served nor an enquiry was held before the termination of the services of the workman, the compensation of Rs.60,000/- appears to be on the lower side. Similarly even before waiting for the service of letter dated 15th of October, 1974, asking the respondent No.3 to join duties at the transferred place (which was served only on 26.10.1974) the services of the workmen-respondent No.3 were terminated on 23.10.1974. This is an additional ground which demonstrates that the petitioner-management were predetermined to terminate the services of the respondent No.3. The Labour Court has also rightly found clear violation of principles of natural justice in dispensing with the services of the respondent No.3. Furthermore in arriving at the figure of Rs.60,000/- as compensation, the Labour Court has taken into account all relevant circumstances such as the salary drawn the other terminal benefits and the age of retirement. Thus this figure of Rs.60,000/- has been arrived on relevant consideration and is not amenable to interference under Article 226 of the Constitution of India.

4. I am, therefore, satisfied that the compensation awarded by the Labour Court is at best adequate and can in so manner be termed excessive and, therefore, I am of the view that the writ petition has no merits and is accordingly dismissed with costs quantified at Rs.7,500/- payable within four weeks from today. The amount due under the award be paid with the interest awarded by the Tribunal within four weeks from today.