Mahender Singh S/O Shri Bheem ... vs Rajasthan State Bridge ...
2021 Latest Caselaw 6297 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 852/2021

Mahender Singh S/o Shri Bheem Singh, Aged About 47 Years,
R/o House No. 1-C, Nirman Nagar, Janpath Road, Jaipur Through
Kunal Rawat And Haroon Khan, Jaipur.
                                                                   ----Appellant
                                    Versus
Rajasthan    State    Bridge       Construction          Corporation,   Jhalana
Doongri, Jaipur (A Public Sector Undertaking Of The State Of
Rajasthan.
                                                                 ----Respondent

For Appellant(s)          :     Mr. Kunal Kant Rawat
For Respondent(s)         :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Judgment

09/11/2021

This appeal is filed by the workman to challenge the

judgment dated 28/07/2021 passed by the learned Single Judge

in S.B. Civil Writ Petition No.4017/2016. The workman had raised

an industrial dispute against the employer Rajasthan State Bridge

Construction Corporation (RSBCC) alleging that his services were

terminated in violation of the provisions contained in Section 25F

of the Industrial Disputes Act, 1947. The Labour Court allowed the

Reference in part. The termination dated 20/01/2001 was held to

be illegal since the employer had not followed the requirements of

the provisions of Section 25F of the Act though the workman was

shown to have worked for more than 240 days in 12 calendar

months immediately preceding the termination. While so holding,

(2 of 2) [SAW-852/2021]

the Labour Court did not grant reinstatement and backwages,

instead in lieu thereof, awarded lump-sum compensation of Rs.5

Lacs. This award was challenged by the employer as well as the

workman. The petitions were disposed of by the learned Single

Judge by a common judgment, which is impugned in this appeal

by the workman.

We do not find at this appellate stage any scope for

interference in exercise of discretionary powers of the Labour

Court as confirmed by the learned Single Judge.

For the reasons recorded in the award as confirmed by the

Single Judge in facts of the case, a lump-sum compensation

awarded in lieu of reinstatement and backwages is within the

powers of the Labour Court.

In the result, the appeal is dismissed.

                                    (REKHA BORANA),J                                                    (AKIL KURESHI),CJ

                                   Anil Goyal/BM Gandhi-PS/10









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