PAPPU KHAN Vs. JUDGE LABOUR COURT NO. 2, RAJASTHAN JAIPUR
LAWS(RAJ)-2019-9-220
HIGH COURT OF RAJASTHAN
Decided on September 23,2019

PAPPU KHAN Appellant
VERSUS
Judge Labour Court No. 2, Rajasthan Jaipur Respondents

JUDGEMENT

Alok Sharma, J. - (1.) Impugned is the award dated 23-8-2010 passed by the Labour Court No. 2 Jaipur in LCR No. 1277/1998 in so far as it even while holding that there was non compliance of Sections 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947') instead of reinstatement of the petitioner directed for payment to him of a compensation of Rs. 1 lac within three months failing which interest @ 6% p.a. was to be paid till the date of payment.
(2.) At the outset, Mr. Zakir Hussain, Additional GC appearing for the respondent department submitted that the petitioner workman, has been paid Rs. 1,31,500/- through DD No. 299695 dated 25-5- 2016. The said amount was accepted without demur by the workman who also executed a receipt on 30-5-2016. Thus the award having been complied with by the department and compliance having been accepted by the petitioner workman he cannot be held to be aggrieved and entitled to pursue the petition, submitted Mr. Zakir Hussain.
(3.) Mr. D.P. Pujari, counsel for the petitioner submitted that the petition was filed in 2012 while the amount under the award were receipted in May, 2016 for reason of the petitioner workman's penurious state. This Mr. Pujari submitted cannot foreclose the petitioner's right to challenge the award dated 23-8-2010 which despite holding for violation of Sections 25G and 25H of the Act of 1947 did not direct reinstatement.;


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