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Punjab-Haryana High Court

Divisional Forest Officer Panipat vs Bhulan And Ors on 15 January, 2015

Author: Augustine George Masih

Bench: Augustine George Masih

                                                                                        -1-
            LPA No.43 of 2014

                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                    CHANDIGARH

                                                   LPA No.43 of 2014
                                                   Date of Decision: January 15, 2015

           Divisional Forest Officer, Panipat

                                                                         ...Appellant
                                                   Versus
           Bhulan & another

                                                                         ...Respondents

           CORAM:               HON'BLE MR. JUSTICE S. J. VAZIFDAR, ACTING CHIEF JUSTICE
                                HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

           Present:             Mr. Amar Vivek, Additional Advocate General, Haryana
                                for the appellant.

                                Mr. Deepak Sonak, Advocate
                                for the respondents.

                                           *****

S. J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

The services of seven workmen were terminated. They challenged the same before the Labour Court. They succeeded in obtaining orders of reinstatement which were challenged before the learned Single Judge. The petitions were dismissed.

2. Five out of the seven workmen opted for reinstatement. One workman opted for compensation. The Division Bench of this Court by an order and judgment dated 22nd of April 2014 passed in LPA No.39 of 2014 and other connected matters, granted the workman, who opted for compensation, `3,00,000/-. That workman had worked for seven years. The respondents in this case before us are legal representatives of another workman who unfortunately died. The respondents claim that he worked for 17 years. The appellant contends that he worked for only 9 years. We would HARISH KUMAR 2015.01.16 14:46 I attest to the accuracy and authenticity of this document -2- LPA No.43 of 2014 accept the appellant's contention that he worked for 9 years. In view of the said order and judgment dated 22nd of April, 2014, this workman would proportionately be entitled to be paid `4,00,000/- as compensation.

3. The appeal is, accordingly, disposed of by directing the appellant to pay the compensation of `4,00,000/- within a period of three months from today, failing which, respondents will be entitled to interest at the rate of 8% per annum till payment. It is, however, clarified that the respondents shall furnish the appellant necessary particulars such as KYC, PAN number etc. to enable the appellant to disburse the amount of compensation.

4. There shall be no order as to costs.



                                                                  ( S. J. VAZIFDAR )
                                                                ACTING CHIEF JUSTICE



                                                          ( AUGUSTINE GEORGE MASIH )
           January 15, 2015                                         JUDGE
           Harish




HARISH KUMAR
2015.01.16 14:46
I attest to the accuracy and
authenticity of this document