SECRETARY, UIT AND ORS. Vs. RADHA KRISHAN SHARMA AND ORS.
LAWS(RAJ)-2015-3-194
HIGH COURT OF RAJASTHAN
Decided on March 17,2015

Secretary, Uit And Ors. Appellant
VERSUS
Radha Krishan Sharma And Ors. Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge Dt. 05.03.2014.
(2.) THE brief facts of the case are that the respondent -workman was engaged as Munshi on daily wages on 13.10.1978 in UIT, Kota. While in service, a criminal case came to be registered against him for offence u/S. 467, 468 & 420 IPC at Police Station Dadabari, Kota and the allegation was that he has forged the title documents and tried to illegally trespass over the land of someone else. The workman was thereafter arrested and chargesheet was filed against him in the court having jurisdiction and it appears that no action was taken by the employer -UIT and his services came to be terminated w.e.f. 01.07.1984. The industrial dispute was referred by the appropriate Government vide its initial notification Dt. 21.06.2001 and later on, because of certain discrepancy, a corrigendum came to be notified by the Government on 19.06.2009. The ld. Labour Court after examining the matter arrived to a conclusion that there was non -compliance of S. 25 -F of the Act, 1947 while retrenching the workman w.e.f. 01.07.1984 and taking note of the facts which came on record for consideration, considered it appropriate that the workman may not be entitled for reinstatement and in lieu thereof awarded a lump -sum compensation of Rs. 15,000/ - under its award Dt. 01.12.2011 but it can be noticed that there is no reasoning forthcoming for arriving to a conclusion of awarding Rs. 15,000/ - to the workman an under the impugned award and was not supported by any judicial precedence of the Apex Court.
(3.) THE workman assailed the impugned award Dt. 01.12.2011 by filing a writ petition No. 618/2012. The ld. Single Judge after hearing counsel for the parties while upholding the finding of violation of S. 25 -F of the Act, 1947 and taking into consideration the judicial precedence, arrived to a conclusion that the workman is entitled for lump -sum compensation of Rs. 2,00,000/ - in place of Rs. 15,000/ -, awarded by the ld. Labour Court under order impugned Dt. 05.03.2014 and that was subject matter of challenge in the intra -court appeal, at the instance of the workman, in D.B. Special Appeal (Writ) No. 923/2014 but that came to be dismissed at motion stage vide order Dt. 04.08.2014.;


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