Jagveer Singh vs Labour Court
2022 Latest Caselaw 9072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18633/2018

Jagveer Singh S/o Shri Parmanand Singh, Aged About 50 Years, Through Chairman/secretary, Van Karamchari Ekta Sangh, Rashmi Village, Rani Bazar, Bikaner.

----Petitioner Versus

1. Labour Court, Bikaner

2. Dy. Conservator of Forest, Stage-II, Division-II, Sagar Road, Bikaner

----Respondents

For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) :

HON'BLE MS. JUSTICE REKHA BORANA

Order

12/07/2022

The defects as pointed out by the office are overruled.

The present petition has been filed against the award dated

16.08.2018 passed by Labour Court, Bikaner whereby the Labour

Court has found the retrenchment of the petitioner to be illegal

but in lieu of reinstatement, awarded lump sum compensation of

Rs.2,00,000/- with interest at the rate of 9% per annum.

A perusal of the award passed by the Labour Court shows

that the Labour Court reached to a specific finding that the

reference has been made after a delay of 15 years and no

plausible cause or reason has been shown for the same. It is clear

on record that the services of the petitioner were retrenched on

31.12.1990 and reference has been made on 17.11.2006. It is

(2 of 2) [CW-18633/2018]

also clear on record that the petitioner had worked with the

Department only for a period of 20 months.

Keeping in consideration the delay caused in making the

reference, the Labour Court exercised its discretion in granting the

lump sum compensation in lieu of reinstatement after considering

the relevant case law and the ratio as laid down in various

judgments of the Hon'ble Apex Court.

Keeping in consideration the above facts, this Court is not

inclined to interfere with the award dated 16.08.2018, the same

being based on reasonable consideration of the case law as well as

the facts.

In the opinion of this Court, the Labour Court has not

committed any illegality or irregularity in exercising its discretion

in awarding compensation of Rs.2,00,000/- with interest in lieu of

reinstatement.

Accordingly, the present writ petition is disposed of.

All pending applications stand disposed of.

(REKHA BORANA),J 8-Ashutosh/-

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