Jai Parkash vs Presiding Officer Labour Court ...
2022 Latest Caselaw 5291 P&H

208           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                                    CWP-22592-2012 (O&M)
                                                    Date of Decision: 25.05.2022

Jai Parkash                                                    ...... Petitioner

                                 Versus

Presiding Officer, Labour Court and another                    ......... Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present :     Mr. Raj Kapoor Malik, Advocate,
              for the petitioner.

              Mr. Dheeraj Chawla, Advocate,
              for respondent No.2.

                                            *****
RAJBIR SEHRAWAT, J. (ORAL)

This is a petition filed under Articles 226/227 of the

Constitution of India seeking issuance of a writ of certiorari for quashing of

the impugned award dated 13.06.2012 (Annexure P-6) passed by respondent

No.1, whereby reference has been allowed without reinstatement and

consequential benefits and only compensation of Rs.15,000/- is allowed.

Having heard learned counsel for the parties, this Court does

not find any ground to interfere with the award to the extent of the relief of

reinstatement being denied to the petitioner. However, the petitioner

deserves to be paid enhanced amount of compensation in terms of the

judgment of the Hon'ble Supreme Court rendered in Civil Appeal No.10957

of 2013 titled as 'B.S.N.L. Vs. Bhurumal' decided on 11.12.2013.

Accordingly, the petitioner is held entitled to an amount of Rs.2,00,000/- as

compensation. Respondent No.2 is directed to pay the said amount within a

period of six weeks from the date of receipt of the certified copy of this

order.

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 CWP-22592-2012 (O&M)                                                    -2-

Accordingly, the impugned award dated 13.06.2012 (Annexure

P-6) passed by the Labour Court, Hisar, is modified to the extent that the

petitioner is entitled to a compensation of Rs.2 lakhs as full and final

satisfaction of his claim.

With the above terms, this petition is disposed of, as such.

The pending miscellaneous application, if any, is also disposed

of as such.

                                                      (RAJBIR SEHRAWAT)
                                                            JUDGE
25.05.2022
adhikari


                    Whether speaking/reasoned                     Yes/No
                    Whether Reportable                            Yes/No




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