Deputy Conservator Of Forest vs Shri Parmeshwarlal Sharma And ...
2023 Latest Caselaw 9273 Raj

[2023:RJ-JD:38501]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 11573/2017

Deputy Conservator Of Forest, Through Assistant Conservator Of
Forest Officer In Charge, Department Of Forest, Nagour.
                                                                        ----Petitioner
                                    Versus
1.       Shri    Parmeshwarlal         Sharma          S/o       Shri     Gopikishan
         Sarsawat, By Caste - Brahmin, R/o Sribalaji, District -
         Nagour.
2.       The Judge Industrial Disputes Tribunal And Labour Court,
         Jodhpur.
                                                                  ----Respondents


For Petitioner(s)         :     Mr.Digvijay Singh Jasol.
For Respondent(s)         :     Mr.D.D.Chitlangi.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

07/11/2023

By way of present writ petition, the petitioner department

(employer) has challenged the impugned judgment and award

dated 23.1.2017 passed by the Industrial Dispute Tribunal cum

Labour Court, Jodhpur.

As per the respondent employee, despite he having worked

with the petitioner department for more than 240 days in a

calendar year, the petitioner department without complying with

the mandatory conditions stipulated in Section 25-F of the

Industrial Disputes Act, 1947 has terminated his services w.e.f.

1.7.2010.

The Industrial Dispute Tribunal cum Labour Court, Jodhpur

vide its judgment and award dated 23.1.2017, held that since the

[2023:RJ-JD:38501] (2 of 3) [CW-11573/2017]

respondent had worked for more than 240 days in a calendar year,

the petitioner employer before terminating his services, was

required to make strict compliance of the mandatory conditions

mentioned in Section 25-F, 25-G and 25-H of the Industrial

Disputes Act, 1947. The Labour Court, Jodhpur held that

retrenchment of the respondent was not valid and directed the

petitioner employer to reinstate back the respondent in service

w.e.f. 1.7.2010 with 50% back-wages.

The award of the Labour Court, Jodhpur has been challenged

on merit by the petitioner and the petitioner has prayed that the

order of reinstatement with 50% back-wages ought not to have

been passed.

Having gone through the judgment and award passed by the

learned Labour Court, Jodhpur, this Court does not find any

illegality, irregularity or perversity in the order passed by the

learned Labour Court, Jodhpur. This Court however in view of the

fact that the respondent had worked with the petitioner

department as Cattle Guard/Chowkidar on daily wages basis with

intermediary breaks only upto 1.7.2010, and he has not been

reinstated in service till date coupled with the fact that the

respondent has already attained the age of superannuation,

deems it appropriate to modify the impugned judgment and award

dated 23.1.2017 passed by the Industrial Dispute Tribunal cum

Labour Court, Jodhpur.

Learned counsel for the respondent employee was not in a

position to dispute the fact that the respondent has already

attained the age of superannuation. Learned counsel for the

respondent employee however prayed that in case, the judgment

[2023:RJ-JD:38501] (3 of 3) [CW-11573/2017]

and award 23.1.2017 passed by the Industrial Dispute Tribunal

cum Labour Court, Jodhpur is modified and the amount of

compensation is awarded to the respondent, then the same may

be determined as Rs.5,00,000/-. Learned counsel for the

petitioner employer opposed the prayer made by the learned

counsel for the respondent employee and submitted that interest

of justice will be met if the amount of compensation is enhanced

to Rs.4,00,000/- only.

Having heard learned counsel for the parties and upon

considering the facts and circumstances of the case and with the

consent of the parties, the judgment and award dated 23.1.2017

passed by the Industrial Dispute Tribunal cum Labour Court,

Jodhpur is modified. The respondent employee is held entitled to

get a lump sum compensation to the tune of Rs.4,00,000/-

instead of reinstatement and 50% back-wages as ordered by the

learned Labour Court, Jodhpur. It is made clear that the above

amount of compensation shall be paid to the respondent employee

within a period of four months from today.

With the aforesaid observations and directions, the instant

writ petition is disposed of.

All pending applications are dismissed.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.21

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