1. By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 14.02.2003 passed by the Labour Court, Anand in Reference [LCA] No. 88/1989, whereby the reference was allowed and the petitioner was directed to reinstate the respondent on his original post with continuity of service and 50% back wages.
2. The facts in brief are that the respondent was serving as a daily wager and purely on temporary and adhoc basis. It is the case of the petitioner that the respondent did not report for the work after 12.09.1985. Though the service of the respondent were not terminated by the petitioner, the respondent after a period of about four years raised a dispute which was referred to the Labour Court, Anand for adjudication. The Labour Court, after hearing both the sides, allowed the reference by way of the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. Considering the facts of the case and keeping in mind the principle laid down in decision of the Apex Court in the case of Senior Superintendent, Telegraph [Traffic], Bhopal v. Santosh Kumar Seal & Ors. AIR 2010 2140 and the decision of this Court in the case of Manager Gujcomasol Pesticides Deptt. v. Kirtikumar Babulal Patel & Anr. 2011 (1) GLH 550, I am of the view that ends of justice would be served if the petitioner is directed to pay lump sum compensation to the workman.
4. In view of the above, the petition is partly allowed. The impugned award passed by the Labour Court is substituted inasmuch, in lieu of the impugned award granting reinstatement with continuity of service and back wages, the petitionertrust is directed to pay a lump sum compensation of Rs.40,000/ [Rupees Forty thousand only] to the respondent. The said amount shall be treated as full and final settlement of all the dues as also in lieu of the impugned award passed by the Labour Court.
5. With the above observations and directions, the petition stands disposed of. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) /phalguni/