1.0 By way of present petition, the petitioner has challenged the judgement and award dated 09.05.2003 passed by the learned Presiding Officer, Labour Court, Rajkot in Reference (LCR) No. 2322 of 1986 wherein the petitioner is directed to reinstate the respondent workman on his original post along with 20% back wages.
2.0 The facts of the case in brief are that the respondent was appointed by the Sarpanch of the Panchayat on the post of Waterman i.e. to operate the water pump as per the schedules and requirement of the village. The respondent was appointed by the then Sarpanch of the petitioner who was his relative. The respondent did not care to perform his duties in proper manner and remained negligent in performing the same. Because of misconduct of the respondent, he was terminated from the service by the Panchayat vide order dated 20.03.1986. The respondent, therefore, raised dispute before the Labour Court, Surat which was numbered as Reference ( LCR) No. 2322 of 1986. After adjudicating the matter, the Labour Court passed the aforesaid award which is challenged in the present petition.
3.0 Heard learned advocate for the respective parties and perused the documents of record. Looking to the facts that the workman has worked on the post and considering overall facts and circumstances of the case, I am of the view that ends of justice would be served by directing to pay to the workman a lumpsum compensation of Rs.55000/. It is ordered accordingly. The said amount will be paid to the respondent within a period of three months from today by way of Account Payee Cheque. If the amount is not paid, within the stipulated period, there shall be liberty to revive this petition. The judgement and award of the Labour Court is modified accordingly. The petition stands disposed of accordingly. Rule is discharged. Interim relief, if any, stands vacated.
(K.S.JHAVERI, J.) niru*