Rajasthan High Court - Jaipur
Rajasthan State Road Transport ... vs Sh Gopal Saini Son Of Shri Nand Kishore on 28 May, 2019
Bench: Chief Justice, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 758/2018
1. Rajasthan State Road Transport Corporation, through its Divisional
Manager, Bharatpur
2. Depot Manager, Rajasthan State Road Transport Corporation, Bharatpur.
----Appellant
Versus
1. Sh Gopal Saini Son of Shri Nand Kishore, Resident of Kaccha Talab,
Deeg Singhpole Gate, Deeg, Distt Bharatpur, Rajasthan
2. The Judge Labour Court, Bharatpur
----Respondent
For Appellant(s) : Mr. Om Prakash Sheoran
For Respondent(s) : Mr. Ajay Singh Rajawat
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE G R MOOLCHANDANI
Judgment
28/05/2019
The Rajasthan State Road Transport Corporation is aggrieved by decision of the Single Judge who confirmed the award of the Labour Court. Labour Court held that the respondent workman was wrongfully terminated and had granted reinstatement with full back-wages. The Single Judge confirmed the award but reduced the back-wages by a direction to pay 25% of the said relief.
Learned counsel for the appellant relies upon the decision of this court in Principal, Rajrishi College & Anr. v Shri Ram Bharosi DB Special Appeal Writ No. 410/2018 decided on 18.07.2018 and a judgment of the Supreme Court in PSEB (now Punjab State Power Supply Corporation Ltd.) & Ors. v Kulwant Singh 2018 (4) S.C.T. 578. In the latter judgment the court stated that direction to pay back-wages specially when reinstatement is (Downloaded on 29/06/2019 at 04:37:54 AM) (2 of 2) [SAW-758/2018] ordered after a long lapse of time, could not be appropriate and have ordered payment of a lump-sum amount of ₹ 1,50,000/-.
In the present case too we notice that the period in question is nearly 30 years.
Having considered the over-all conspectus of circumstances, the impugned order is hereby modified. Instead of direction to pay 25% of back- wages, the appellant is directed to pay ₹ 1,50,000/- to the workman. The appellant shall also comply with the direction to reinstatement and if the post/position of Jaldhari no longer exists then should be reinstated on an appropriate or suitable post/position, in the same status a daily wager.
The appeal is partly allowed.
(G R MOOLCHANDANI),J (S. RAVINDRA BHAT),CJ db/ashu /33 (Downloaded on 29/06/2019 at 04:37:54 AM) Powered by TCPDF (www.tcpdf.org)