Janaki Ballav Singh v. Management of Central Horticulture Experiment Station, Bhubaneswar
2001-03-26
P.K.MISRA
body2001
DigiLaw.ai
ORDER Heard learned counsel for the petitioner and the learned counsel for the opposite parties. The dispute was referred to the Industrial Tribunal on the following two aspects :- (i) Whether the action of the management of Central Horticulture Experiment Station, Bhubaneswar, in terminating Sh. J. B. Singh, Casual Workman is legal and justified ? If not, what relief the workman is entitled to ? (ii) Whether the action of management of Central Horticulture Experiment Station, Bhubaneswar in not paying the casual rates to the semi-skilled casual labours is legal and justified ? if not, what relief the workman is entitled ? The Tribunal found : “......Thus considering the evidence, both oral and documen¬tary, I am inclined to hold that the termination of service of the second party in the manner it was effected is illegal and unjustified.....” In spite of such conclusion, the Tribunal instead of directing reinstatement of the petitioner, has passed an order under Issue No. 3 that compensation of Rs. 20,000/- should be paid in lieu of re-instatement. I fail to see any justification for passing such an order by the Tribunal. It is not the case of the Management that the post has been abolished. Merely because the Government wanted to induct contract agent/security agency to look after the watch and ward job, it cannot be a ground to refuse reinstate¬ment. In such view of the matter, the direction given by the Tribunal regarding payment of compensation in lieu of reinstate¬ment is quashed and the petitioner is directed to be reinstated. It goes without saying that if and when the post is abolished or there is no need for continuation, it would be always open to the Management to take action for retrenchment in accordance with law. The writ application is disposed of with a direction to the opposite party No.1 to reinstate the petitioner immediately. Keeping in view the period during which the petitioner was kept out of service illegally and keeping in view the period during which the matter remained pending before the Tribunal as well as in this Court, instead of directing full back wages, I direct that a sum of Rs. 15,000/- (Fifteen thousand) should be paid as compensation in lieu of back wages. It goes without saying that the petitioner would be entitled to the regular remuneration after he joins. Petition allowed with direction.