In an appeal against a writ allowal awarding Rs. 40,000 compensation for illegal termination, the High Court upheld the Single Judge's discretion, noting the claim was stale and service was short. The appeal was dismissed.
The letters patent appeal dismissed. No costs.
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1 lpa st 407.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
LETTERS PATENT APPEAL STAMP NO. 407 OF 2013 IN
WRIT PETITION NO. 3112 OF 2012
Rajaram Shankar Dolas .. Applicant
Versus
Executive Engineer P.W.D. .. Respondent
Shri P. V. Barde, Advocate for the Applicant. Shri G. K. Thigle, Addl.G.P. for the Respondent.
CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.
DATE : 20TH MARCH, 2015.
PER COURT :
. Mr. Barde, the learned counsel for the appellant submits that, the appellant had worked with the respondent from the year 1982 to 1985 and was illegally terminated. The appellant approached the Labour Court by filing Reference I.D.A. No. 47 of 2007. Aggrieved by the said judgment passed by the learned Labour Court, the respondent filed writ petition before this Court. According to the learned counsel the Labour Court directed the respondent to reinstate the present appellant with effect from 21.02.1985 with continuity of service, but without backwages. According to the learned counsel, the respondent
2 lpa st 407.13
assailed the said order before the learned Single Judge. The learned Single Judge allowed the writ petition and granted compensation of only Rs. 40,000/-. The amount of Rs. 40,000/awarded as compensation is too meager considering the fact that, for three years the appellant had served with the present respondent. According to the learned counsel, the amount of compensation awarded is too inadequate and the appellant ought to have been awarded Rs. 1,00,000/- as compensation.
3 lpa st 407.13
[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ]
bsb/March 15
2 issues framed by the court
Whether the compensation awarded by the Single Judge for illegal termination was inadequate.
Whether the appellant was entitled to better relief considering the period of service.
Colour shows how this judgement treated each authority
Senior Superintendent, Telegraph (Traffic), Bhopal Vs. Santosh Kumar Seal and othersRelied on¶17
AIR 2010 SC 2140 · Who else cites this
Rajaram Shankar Dolas
Executive Engineer P.W.D.
S. V. GANGAPURWALA
A. I. S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
