Rajasthan High Court
Harish Kumar Dhobi (Dead) Son Of ... vs Maharishi Dayanand Saraswati ... on 27 July, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1723/2019
Harish Kumar Dhobi (Dead) Son Of Sh. Mohan Lal Dhobi,
Aged About 53 Years, By Caste Dhobi, Resident Of Dhobi
Kahar Mohalla, Kakra Chowk, Ajmer Through His Lrs
1/1. Geeta Dhiliwaal W/o Harish Dhobi, Aged About 47 Years,
R/o 56/7, Shiv Mandir Gali, Dhobi Mohalla, Lakshmi
Chowk, Ajmer
1/2. Priti Dhiliwaal W/o Sh. Yogesh Chauhan, Aged About 27
Years, R/o Dhobi Kahar Mohalla, Kakra Chowk, Ajmer
1/3. Kirti Dhiliwal W/o Sh. Deepak Chauhan, Aged About 23
Years, R/o Loharo Ka Mohalla, Jethana (Rajasthan)
1/4. Sunita Dhiliwaal Daughter Of Harish Dhobi, Aged About
21 Years, 56/7, Shiv Mandir Gali, Dhobi Mohalla, Lakshmi
Chowk, Ajmer
1/5. Poonam Dhiliwaal Daughter Of Harish Dhobi, Aged About
18 Years, Resident Of 56/7, Shiv Mandir Gali, Dhobi
Mohalla, Lakshmi Chowk, Ajmer
1/6. Abhishek Dhiliwaal S/o Harish Dhobi, Aged About 16
Years, Resident Of 56/7, Shiv Mandir Gali, Dhobi Mohalla,
Lakshmi Chowk, Ajmer Through Her Natural Guardian
Geeta Dhiliwaal
----Appellants
Versus
1. Maharishi Dayanand Saraswati University, Ajmer Through
Its Vice Chancellor.
2. Secretary, Government Of Rajasthan, Government
Secretariat, Jaipur.
3. Presiding Officer, Labour And Industrial Court, Ajmer.
----Respondents
For Appellant(s) : Mr. Sunil Samdaria, Adv.
For Respondent(s) : Mr. Pradeep Singh, Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
PER SAMEER JAIN, J.
Reserved on 21/07/2022
Pronounced on 27/07/2022
(2 of 4) [SAW-1723/2019]
1. Being aggrieved by the order of learned Single Judge
dated 21.08.2019, in SBCWP No. 2597/2007, present appeal is
filed for setting aside the award dated 04.03.2004 and for
modifying the order of learned Single Judge by directing
reinstatement with all consequential benefits in lieu of
compensation awarded by Single Bench.
2. Learned counsel for the appellants submits that
appellant-Harish Kumar was a daily wager/temporary employee on
the post of Class-IV from 1992 and continued to discharge his
duties in General Administrative Department of the State till
09.11.1995. Despite of the fact that appellant had intimated the
department about his illness and recovery, he was terminated on
account of unauthorized absence and learned Labour Court vide its
order dated 04.03.2004, after analyzing the facts of the case, held
the termination to be correct.
3. Being aggrieved by the same, appellant approached
this Hon'ble Court before learned Single Judge and it was agitated
that the judgment passed by learned Labour Court was not only
bad in law but also the facts in the finding given by the Labour
Court, that the appellant had abandoned his service, were wrong.
After considering the arguments, learned Single Judge relying
upon the judgments of Hon'ble Apex Court in Deputy Executive
Engineer Vs. Kuberbhai Kanjibhai reported in (2019) 4 SCC
307 and Bharat Sanchar Nigam Limited Vs. Bhurumal
reported in (2014) 7 SCC 177, has allowed the writ petition to
the extent of payment of compensation in lieu of reinstatement
from the date of award i.e. 04.03.2004 with interest @ 6%,
considering the ratio of the judgments, facts of the case and the
fact that petitioner has not discharged services for a long time.
(3 of 4) [SAW-1723/2019]
4. On the above facts, counsel for the appellant has urged
for the reinstatement though he fairly conceded that during the
tenure of appeal, the appellant has died. He further relied upon
the order of the Coordinate Bench of this Court in SBCWP No.
501/2004 titled as Ajmer Central Co-operative Bank & Ors.
Vs. The Judge, Labour Court, & Anr., whereby an amount of
Rs. 7.5 Lacs was granted as a compensation.
5. Per contra, learned counsel for the respondents has
submitted that there is a disturbed finding of fact. Learned Single
Judge has noted the latest precedence of law and has also
considered the fact of the appellant not having discharge his
services since a long period of time. He further urged that once
the petitioner has died reinstatement is otherwise also not
possible.
6. We have heard the arguments advanced by the parties.
7. It is observed by this Court that appellant was a daily
wager on temporary job. Learned Labour Court, on reference, has
given categorically finding that it was not a case of termination
but of abandonment of services without any proper intimation.
Learned Single Judge has considered the judgments of Hon'ble
Apex Court specially BSNL (supra) wherein it was held that in
case of Class-IV/daily wage worker reinstatement is not automatic
and looking to the facts and circumstances of the case, monetary
compensation can be awarded. The Hon'ble Apex Court has
specifically averred in the said judgment that giving relief of
reinstatement that too after a long gap of service, would not serve
any purpose particularly when the workman/labour has grown old.
Learned Single Judge has passed reasoned order of an adequate
amount of compensation along with interest.
(4 of 4) [SAW-1723/2019]
8. In the light of the Hon'ble Apex Court judgment in
BSNL (surpa), compensation of Rs. 1 Lac along with interest @
6% in lieu of reinstatement was awarded. Considering that the lis
in question is of 2007, writ petitioner has not worked since 16
years and now the appellant has died.
9. In the light of above, this court is of the view that the
order of the learned Single Judge does not call for any
interference.
10. Hence, present appeal is dismissed with a direction to
make compliance of the order of learned Single Judge within a
period of one month along with interest.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
Pooja/32
Powered by TCPDF (www.tcpdf.org)
