Rajasthan High Court - Jaipur
Dypty Narain Koli vs Judge Labour Court And Ors on 27 May, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6340/2011 Dypty Narain Koli Vs. The Judge, Labour Court-I, Jaipur and Others Date of Order ::: 27.05.2011 Present Hon'ble Mr. Justice Mohammad Rafiq Shri O.P. Mishra, counsel for petitioner #### By the Court:-
Nagar Nigam, Jaipur, was directed by Labour Court-I, Jaipur, to pay the petitioner compensation of Rs.40,000/- in lieu of reinstatement.
Admittedly, petitioner worked with Nagar Nigam for less than a year. Counsel for petitioner has argued that in view of division bench judgment of this court in Krishi Upaj Mandi Samiti, Dholpur through its Secretary Vs. Bangali Mal Sharma and Another 2011 (1) WLC (Raj.) 45, the relief of reinstatement with continuity of service ought to have followed. Compensation so awarded also is inadequate. There was not much of delay in passing of award from the date of reference. The judgment, which learned counsel for petitioner has cited, is distinguishable on facts.
Petitioner was engaged on daily wage basis and he worked for less than a year. The Labour Court, consider the nature of his appointment and fact that he was not working with Nagar Nigam, has awarded Rs.40,000/- in lieu of compensation. I do not find any infirmity in the award so as to interfere therewith.
Writ petition is accordingly dismissed.
(Mohammad Rafiq) J.
//Jaiman//