1. By way of this petition, the petitioner has prayed to declare the award dated 8.3.2011 published on 11.5.2011 passed by the learned Labour Court in Reference (LCG)No.869 of 2011 granting compensation of Rs.20001/- as illegal, improper, arbitrary and contrary of the provisions of Industrial Disputes Act, 1947 as well as he has further prayed to reinstate the petitioner on his original post with continuity of service with all consequential benefits with full back wages pendency of this petition.
2. Learned advocate for the petitioner submitted that the petitioner has specifically mentioned in his statement of claim before the learned Labour Court that he is working in a Nursery Department as a watchman with the respondent. The petitioner was not given minimum wages as per the provisions of Act and he was being paid Rs.500/- per month. The petitioner was not given the benefit of minimum wages or weekly off. The respondent without following due procedure, terminated the service of the petitioner illegally w.e.f. 1.12.1993. He also submitted that the finding of the learned Labour Court is prima facie not just and proper, holding that the appointment of the petitioner is not legal and therefore, reinstatement is not granted in favour of the petitioner by the learned Labour Court. He further submitted that without considering the facts and circumstances of the case and evidence on record, the learned Labour Court awarded lumpsum amount of Rs.20001/- in favour of the petitioner.
3. Heard learned advocate for the respondent.
4. I have perused the record along with the award impugned passed by the learned Labour Court. Learned Labour Court observed in its award that the workman was getting Rs.500/- as salary per month and there is no evidence produced by the workman before the learned Labour Court showing that the respondent has without following due procedure, terminated the service of the workman - petitioner. The workman was appointed in the service with the respondent before 29 years and he was relieved from the service before 18 years and therefore, learned Labour Court has properly held that after such a long period, the workman cannot be reinstated on his original status. The workman was getting Rs.500/- per month towards salary and therefore, learned Labour Court has rightly awarded Rs.20001/- as compensation in lieu of reinstatement and backwages. Therefore, this Court does not find any substance in this petition. Hence, the petition is dismissed.
(K.S.JHAVERI, J.) ynvyas Top