26. Having held that there existed employer-employee
relationship between the hotel and the workman and that his
services were wrongfully terminated, the next issue is about nature
of relief that can be granted in the facts and circumstances of the
case. By now period of 13 long years has lapsed from the date of
termination of services of the Workman. He has reached slightly
advanced age of 52 years and may find it bit difficult to work as a
Driver to serve the patrons of a star category hotel. In that view of
the matter and considering unsavory relationship between the
parties, grant of lumpsum compensation would offer adequate
solace to the Workman in the facts and circumstances of the case.
Turning to the issue of compensation, it is seen that the last wages
drawn by the workmen was Rs.10,140/-. The Labour Court has
awarded 50% backwages to be computed on the basis of last drawn
wages. The Workman was directed to be reinstated by the Labour
Court on 29 January 2019, after which we would be entitled to full
backwages as were payable to other similarly placed drivers.
Considering the amount of 50% backwages upto 29 January 2019,
full backwages after 29 January 2019 and his balance service,
gratuity, etc, in my view, award of compensation of Rs.25,00,000/-
