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2015 DIGILAW 841 (RAJ)

Udda Ram Gurjar v. udge, Labour Court No. 2, Jaipur

2015-04-15

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA

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Hon'ble AMBWANI, C.J.—This Special Appeal is directed against the order of learned Single Judge dated 29.01.2014, by which he has dismissed the writ petition against the award passed by the Labour Court dated 05.04.2012, in which, after holding that the termination of the appellant, was violative of the provisions of Section 25-F of the Industrial Disputes Act, 1947, instead of directing his reinstatement, awarded compensation of Rs.1,00,000/-. 2. Learned Single Judge found that since the dispute was raised after five years of the termination, and that, the appellant had worked only for a period of one year in Famine Relief Work, and that too, twelve years ago, the direction for reinstatement, at this distance of time, could not be justified, and thus, the compensation of Rs.1,00,000/- was sufficient, in lieu of reinstatement. 3. We do not find any error of law in the order of learned Single Judge. The services of the appellant, who was engaged in the Famine Relief Work, and had worked only for a period of one year, were terminated on 31.12.1999. He raised an industrial dispute in the year 2005, which was decided by awarding him compensation. The appellant had worked for only one year upto 31.12.1999, and was thus not entitled to reinstatement, after a period of more than twelve years. In the circumstances, the award of compensation was fully justified, and has been sustained. 4. Although the delay by itself is not sufficient to hold that there was no industrial dispute or may defeat the right of adjudication by industrial adjudicator, it is an important factor to be taken into consideration for grant of appropriate workmen. 5. There is no merit in the Special Appeal. This Special Appeal is accordingly dismissed.