Rajasthan High Court - Jaipur
M/S. Gulab Rai And Company (Erstwhile) vs Bala Ram S/O Shri Ram Chandra Ji Jaat on 20 October, 2021
Bench: Manindra Mohan Shrivastava, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1543/2019
M/s. Gulab Rai And Company (Erstwhile), Railway Catering
Contractor, Office Flat No. 11, Aajash Deep Apartment, Third-D
Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant
Versus
1. Bala Ram S/o Shri Ram Chandra Ji Jaat, R.m.v, Bayatu,
Bhimji, Tehsil Bayatu, District- Barmer, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western
Railway, Jodhpur.
----Respondents
Connected With D.B. Special Appeal Writ No. 1548/2019 M/s Gulab Rai And Company (Erstwhile), Railway Catering Contractor, Office Flat No. -11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Ganpat Lal Sharma S/o Shri Bhagirath Ram Sharma, C/o Village Buroch, Post Aagunta, District- Nagaur.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1554/2019 M/s Gulab Rai And Company (Erstwhile), Railway Catering Contractor, Office Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Moti Lal S/o Shri Kuna Ram Ji, C/o Gangunda, Tehsil-
Sojat, District-Pali, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1629/2019 (Downloaded on 22/10/2021 at 08:56:29 PM) (2 of 5) [SAW-1543/2019] M/s. Gulab Rai And Company, (Erstwhile), Railway Catering Contractor, Office Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Ghan Shyam Sharma S/o Shri Chandmal Sharma, C/o Kot Mohalla, Didwana, District Nagaur, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1630/2019 M/s. Gulab Rai And Company (Erstwhile), Railway Catering Contractor, Office Flat No. 11, Akash Deep Apartment, Third-D, Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Shanker S/o Shri Ramchandra Jaat, C/o R.m.v. Baytu, Bhimji, Tehsil-Baytu, District Badmer, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1631/2019 M/s Gulab Rai And Company, (Erstwhile), Railway Catering Contractor, Office- Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Hari Ram Singh S/o Shri Roopnarayan Singh, C/o Near Danchiyo School, Jalori Gate Ke Ander, Jodhpur, Rajasthan
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1632/2019 M/s Gulab Rai And Company, (Erstwhile), Railway Catering Contractor Office Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
(Downloaded on 22/10/2021 at 08:56:29 PM) (3 of 5) [SAW-1543/2019]
----Appellant
Versus
1. Manoj Sharma S/o Shri Vinod Sharma, C/o 1-B-82, Kudi Housing Board, Jodhpur.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1633/2019 M/s. Gulab Rai And Company, (Erstwhile), Railway Catering Contractor, Office Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Sukha Ram S/o Shri Vasna Ji, C/o Village Kharchi, Marwar Junction, District-Pali, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents D.B. Special Appeal Writ No. 1634/2019 M/s. Gulab Rai And Company, (Erstwhile), Railway Catering Contractor, Office Flat No. 11, Aajash Deep Apartment, Third-D Road, Sardarpura, Jodhpur Through Its Manager.
----Appellant Versus
1. Om Prakash Sharma S/o Shri Bhagwat Dutt Sharma, R/o In Nagori Gate, Jodhpur, Rajasthan.
2. The Sr. Divisional Commercial Manager, North Western Railway, Jodhpur.
----Respondents For Appellant(s) : Mr. Punit Singhvi Advocate For Respondent(s) : Mr. Kunal Kant Rawat Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI Order (Downloaded on 22/10/2021 at 08:56:29 PM) (4 of 5) [SAW-1543/2019] 20/10/2021 The application for condonation of delay is allowed considering the period of short delay. The delay is condoned.
This order is governed to all these appeals.
Employer-writ appellants in these appeals has assailed the order passed by learned Single Judge whereby learned Single Judge has granted relief to the retrenched employees by enhancing the amount of compensation to the extent of Rs.1,00,000/-.
Learned counsel for the appellants sought to convince this Court by submitting that the enhanced amount of compensation has been ordered, borrowing the analogy drawn by the Hon'ble Supreme Court in the case of Deputy Executive Engineer vs. Kuberbhai Kanjibhai: (2019) 4 SCC 307, whereas that was a case of Public Institution and in the present case the appellant is a private employer and in the changed circumstances it's financial capacity is not such as to pay a huge amount of compensation individually to number of employees.
We are not impressed by learned counsel for the appellant in so far as the liability fastened on the employers is concerned in view of the principle or determination of compensation as has been laid down by the Hon'ble Supreme Court in the case of Deputy Executive Engineer vs. Kuberbhai Kanjibhai: (2019) 4 SCC 307, which has been referred to and relied upon in the order passed by learned Single Judge to arrive at the conclusion and pass the order under challenge.
It is therefore for that reason alone, we are not inclined to interfere with the order so far as the payment of compensation is concerned.
(Downloaded on 22/10/2021 at 08:56:29 PM)(5 of 5) [SAW-1543/2019] Further, taking into consideration the appellants' plea of financial difficulty in discharging the liability of payment of compensation to number of employees, all that we can say that the appellant would be liable to pay 50% of the amount within a period of sixty days from today. On such payment the balance amount would be payable within next four months.
We may hasten to add that in case the first order is not complied with, the direction will come to an end and it will be open for the employee to seek compliance of the order in accordance with law.
Subject to the aforesaid observation, these appeals are dismissed.
(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),J Aarzoo Arora/T.N. Kushwaha/31-39 (Downloaded on 22/10/2021 at 08:56:29 PM) Powered by TCPDF (www.tcpdf.org)