SHAKUNTLA Vs. VIKAS ADHIKARI

JUDGEMENT

(1.) The present Writ Petition has been filed against the award dtd. 29/12/2021 passed by the Labour Court, Bharatpur, wherein the Labour Court had reached to a specific finding that retrenchment of the employee was invalid but as the workman had expired during the pendency of the proceedings, the Labour Court proceeded on to grant a lump sum amount of Rs.50,000.00(Rupees Fifty Thousand) as compensation in lieu of reinstatement. The said amount was to be coupled with interest @ 6% p.a. from the period of 1/12/1990 to 31/12/2017 and further @ 9% per annum from 1/1/2018 the date till the date of payment if not paid within a period of two months.

(2.) Counsel for the petitioner has stated that the amount of compensation as awarded by the Labour Court is a meagre amount keeping in consideration the number of dependents of the deceased employee. Counsel for the petitioner further argued that the delay in preferring the claim and reference thereof to the Labour Court would not be of much relevance as the Statute does not provide for any limitation for filing the claims.

(3.) In support of his submissions, Counsel has relied upon the judgment passed by the Hon'ble Apex Court in the case of Kuldeep Singh Vs. G.M. Instrument Design Development and Facilities Centre and Anr.: (2011 DNJ (SC) 266) and judgment of this Court passed in Resident Engineer, Rajasthan State Road Development Construction Corporation Ltd. Deoli District Tonk, Hq Kota. Vs. Judge Labour Court-2 Jaipur and Anr.: 7017 (3) DNJ (Raj.) 1135.