K.S.JHAVERI - (1.)HEARD Mr. PH Pathak, learned advocate appearing for the petitioner workman and Mr. PS Gogia, learned advocate appearing for the respondent.
(2.)THE present petition is filed challenging the award dated 22.03.2005 passed by the Labour Court, Rajkot in Reference (LCR) No. 110 of 1992 whereby the labour court partly allowing the reference directed lumpsum compensation to the tune of Rs. 45,000/- to be paid to the petitioner in lieu of the claim of the petitioner for reinstatement and backwages.
It is the case of the petitioner who was working as Testing Engineer since 1984 with the respondent company that the respondent company terminated him from service without following due procedure of law. The petitioner, therefore, raised an industrial dispute which was finally referred to the Labour Court. The Labour Court after hearing the parties passed the aforesaid award directing payment of lumpsum compensation. Being aggrieved by the same, the present petition is preferred.

(3.)MR . Pathak, learned advocate appearing for the petitioner submitted that the Labour Court ought to have held that when there is a violation of Section 25(F), (G) & (H) of the I.D. Act, 1947, the only logical and consequential order could be the order of reinstatement with continuity of service and full backwages. He submitted that the Labour Court failed to appreciate that the work of similar nature is available with the respondents and that the juniors to the petitioner are continued in service.
4.1 Mr. Pathak further submitted that the compensation was awarded by the Tribunal on the ground that the employer had lost faith in the workman and therefore reinstatement cannot be granted. He submitted that the amount of compensation is also meagre considering the service of the petitioner. 4.2 Mr. Pathak, in support of his submissions, has relied upon the following decisions of the Apex Court: (i) Kanhaiyalal Agrawal and others vs. Factory Manager, Gwalior Sugar Co. Ltd. reported in AIR 2001 Scheduled Caste 3645; (ii) Harjinder Singh vs. Punjab State Warehousing Corporation reported in (2010) 3 SCC 192; (iii) Faridan vs. State of Uttar Pradesh reported in (2010) 1 SCC 497; (iv) Ashok Kumar Sharma vs. Oberoi Flight Services reported in 2010(1) SCC 142.