Alok Sharma, J. - (1.) THE Rajasthan State Industrial Development & Investment Corporation (RIICO) has challenged the impugned award dated 29 -1 -2015 passed by Labour Court No. 1, Jaipur, whereby the learned Labour Court held the termination of service of the respondent workman as violative of Section 25 -F of the Industrial Disputes Act, 1947 (hereinafter 'the 1947 Act') but instead of reinstating him directed that the petitioner RIICO pay a compensation of Rs. 1 lac to the workman, now the respondent, with liberty to recover the same from defaulting officers.
(2.) THE facts of the case are that the respondent workman raised an industrial dispute with regard to his termination from the service. On failure of the conciliation proceedings, the matter was referred to the Labour Court. Statement of claim followed stating that on 1 -9 -1997 the workman was engaged as helper in RIICO's office and worked till 31 -1 -2000. Thereafter he was removed from service. That removal was impugned as violative of Sections 25F, 25G, 25H of the 1947 Act as also the Rules 77 and 78 of the Industrial Disputes (Central) Rules, 1957. RIICO opposed the claim and denied the allegations stating that the workman had no privity of contract with RIICO but his engagement was through placement agencies from time to time and hence no claim on whatever ground cold be laid against it. The learned Labour Court considering the pleadings and evidence both oral and documentary, of the parties before it vide impugned award dated 29 -1 -2015 concluded that the workman was indeed engaged by the officers of RIICO albeit a shroud was sought to be created by using different placement agencies. The Labour Court found a clear master -servant relationship between the workman and RIICO. Yet the removal of the worker was non -compliant with the statutory provisions of the 1947 Act and vitiated. However instead of directing the reinstatement of the worker, the Labour Court directed RIICO to pay compensation of Rs. 1 lac to the respondent workman with liberty to recover the compensation paid from the defaulting officers after affixing responsibility.
(3.) HEARD . Considered.;