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2005 DIGILAW 303 (SC)

State Of Rajasthan v. NARESH SUBEY

2005-02-15

N.S.HEGDE, P.K.BALASUBRAMANYAN

body2005
ORDER 1. In this appeal the State of Rajasthan is challenging the directions issued by the High Court in the writ petition whereby the appellant State was directed to reinstate the respondent in the post held prior to his termination in addition to granting of compensation of Rs 15,000. 2. The Industrial Tribunal before whom the dispute was raised by the respondent workman, after considering the material on record, came to the g conclusion that the appellant had completed 240 days in a calendar year immediately prior to his removal from service. But taking into consideration the facts and circumstances of the case, came to the conclusion that it was appropriate that he be compensated rather than directing reinstatement. Accordingly by the award dated 13-3-2000 directed the appellant State to pay the compensation of Rs 15,000 in lieu of his reinstatement. In a writ petition h filed by the aggrieved workman, the High Court by the impugned order relying on the judgment of the said High Court in the case of Bhawanisingh v. State of Rajasthan1 which pertains to the validity of the Rajasthan (Regularisation of Employment to Public Services and Rationalization of Staff) Act, 1999 held that the respondent workman was entitled to a reinstatement without even considering the alternative prayer of the respondent workman himself regarding compensation in lieu of reinstatement. 3. We have heard learned counsel for the parties and perused the records. The Labour Court refused reinstatement on the ground of non-availability of work. Therefore, we are in agreement with the Labour Court that b reinstatement is not the proper remedy. 4. However, on the facts and circumstances of this case we think the compensation of Rs 15,000 awarded by the Labour Court be increased to Rs 25,000. 5. With the above modification the impugned order of the High Court is set aside and that of the Labour Court affirming the amount of Rs 25,000 c shall be paid to the respondent workman within eight weeks from today by the appellant. If any amount is paid to the respondent pursuant to the order of the Court the same shall be deducted. 6. The appeal is partly allowed.