Heera Ram vs Assistant Engineer Irrigation And Ors ...
2025 Latest Caselaw 7508 Raj

Rajasthan High Court - Jodhpur

Heera Ram vs Assistant Engineer Irrigation And Ors ... on 18 February, 2025

Author: Manindra Mohan Shrivastava

Bench: Manindra Mohan Shrivastava

[2025:RJ-JD:9823-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 300/2023

Heera Ram S/o Bagta Ji Rebari, Aged About 47 Years, Village
Katda Post Achpura Vaya Swarooppganj, Tehsil Pindwara, District
Sirohi (Rajasthan)
                                                                          ----Appellant
                                      Versus
1.       Assistant     Engineer       Irrigation       And         Ors,   Sub-Division
         Swaroopganj, District Sirohi.
2.       Executive Engineer, Irrigation Division District Sirohi.
3.       Judge Industrial Tribunal Cum Labour Court, Jodhpur
         (Rajasthan)
                                                                     ----Respondents


For Appellant(s)            :     Mr. J. Gehlot & Mr. Vinod Kumar
                                  Sharma.
For Respondent(s)           :     Mr. Sajjan Singh Rathore, AAG with



 HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
                HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

18/02/2025

Heard.

2. The only issue which arises for consideration in this appeal is

whether the compensation of Rs.1 lac awarded by the learned

Single Judge in favour of the appellant is on the lower side.

3. Learned counsel for the appellant while relying on various

judgments would submit that as the appellant had worked for

more than six years, suitable monetary lumpsum compensation in

lieu of reinstatement may be granted to the appellant.

4. Learned counsel appearing for the respondents would submit

that the appellant is not entitled to the amount more than what

[2025:RJ-JD:9823-DB] (2 of 2) [SAW-300/2023]

has been already granted to him as the appellant has approached

the labour Court with delay and laches. He would submit that

even though the labour Court found that the termination was not

justified, had rejected the prayer on account of making reference

with delay. Taking into consideration the delay, which had

occurred in making reference, the labour Court has rightly refused

to grant any relief, but even then the learned Single Judge has

granted compensation of Rs. 1 lac.

5. Having heard learned counsel for the parties and taking into

consideration the judgment of this Court at Jaipur Bench in the

case of State of Rajasthan & Anr. Vs. Rajendra Singh - D.B.

Special Appeal (Writ) No.469/2020, decided on 22.03.2022

and the fact that the appellant had worked for more than six years

before his termination, the appellant is entitled to receive

lumpsum compensation of Rs.5 lacs in lieu of reinstatement.

6. Therefore, the appeal is partly allowed to the extent of

granting lumpsum compensation of Rs.5 lacs in lieu of

reinstatement. The said amount of Rs.5 lacs shall be paid by the

respondents to the appellant within a period of three months from

the date of receipt of copy of this order.

(MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ

53-a.asopa/-

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