Rajasthan High Court - Jodhpur
(State Of Raj. vs . Manveer Singh & Anr.) on 2 December, 2014
Author: Sandeep Mehta
Bench: Sandeep Mehta
{1}
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO.4180/2006 (State of Raj. Vs. Manveer Singh & Anr.) Date of order : 02.12.2014 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr. S.R. Paliwal, Dy. G.C. for the petitioner. Mr. Bhoop Singh,for the respondents.
<><><> The case is listed in the category of matters to be decided in the spirit of Lok Adalat.
By way of instant writ petition, the State of Rajasthan assailed the validity and correctness of the award dated 28.11.2001 (Annex.-7) passed by the learned Judge, Labour Court, Sriganganagar in Labour Dispute Case No.125/98, Sohanlal Vs. Deputy Conservator of Forest whereby, the termination of the respondent Manveer Singh from service was held to be illegal as being violative of the mandatory conditions prescribed under Section 25-F of the Industrial Dispute Act, 1947. The petitioner State was directed to reinstate the respondent in service and also to make payment of 30% salary to the workman from the date of removal from service till the date of the award.
The learned Dy. G.C. has placed on record the circular No.F.12(7)Raj./Vad/2012 dated 13.03.2014 and has {2} submitted that in case the respondent workman foregos the reinstatement in service, the State is ready to compensate him in light of the aforesaid circular. The learned Dy. G.C. Offers that over and above the award of the Tribunal, the State is ready to make additional payment of Rs. 1,50,000/- to the respondent employee as compensation.
The learned counsel appearing for the respondent agrees to the proposition but subject to the compensation being enhanced from what is offered by the learned Dy.G.C. The Hon'ble Apex Court in the case of Bharat Sanchar Nigam Ltd. vs. Man Singh reported in (2012) 1 SCC 558, in similar facts and circumstances directed that instead of reinstatement of the employee, he should be paid compensation. In that case the employee who had worked 240 days only was awarded a sum of Rs. 2,00,000/- as compensation.
In the case in hand, the respondent employee worked on the post for nearly one whole year. Thus, keeping in view the guidelines laid down by the Hon'ble Apex Court in the case of B.S.N.L. Vs. Man Singh and the circular relied upon by the learned Dy.G.C., the matter deserves to be decided in the spirit of Lok Adalat.
Keeping in view the fact that the learned counsel appearing for the respondent has agreed to forego the reinstatement of the respondent under the impugned award, {3} the impugned award is modified. The direction given by the Tribunal to reinstate the respondent-employee is set aside. Respondent-employee Manveer Singh shall now be entitled to receive a sum of Rs.2,00,000/- as compensation in addition and over and above the compensation already awarded to him by the Tribunal. The compensation amount shall be paid within eight weeks from the receipt of the copy of this order. It is made clear that this decision shall not in any manner influence the proceedings of the criminal case which is reported to be going on against the respondent.
Copy of order be supplied to the learned counsel appearing for the parties forthwith.
(SANDEEP MEHTA), J.
/Ramesh/50