The High Court dismissed a writ petition challenging an award of Rs.1 lakh compensation to workmen retrenched without complying with retrenchment procedures under the Industrial Disputes Act, 1947.
The writ petition was dismissed; the compensation award of Rs.1 lakh remained unaltered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18437/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Gaurav Jain For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
26/11/2019
The petitioners by way of this petition assail the vide order dated 18.01.2019 whereby the claim raised by the respondentsworkmen in a dispute under Section 101 has been accepted and it has been held that their services were retrenched without following the provisions of under Section 2(oo) of the Industrial Disputes Act, 1947. In lieu of reinstatement, the workmen were awarded for a sum of Rs.1 lakh.
(2 of 2)
[CW-18437/2019]
Learned counsel for the petitioners submits that the compensation award is on the higher side.
I have considered the submission and find that admittedly, the workmen had worked as a Chawkidar from 1.8.2010 to 1.4.2011 without break and the compliance of the provisions of Section 25(F), 25(G) and 25(H) of the Industrial Disputes Act, 1947 and Rule 77 and 78 of Industrial Disputes Rules, 1957 has not complied with. Taking into consideration the period served, the Supreme Court has awarded a sum of Rs.1 lakh as compensation. On the opinion of this Court, the amount awarded does not warrant any interference and seems to be appropriate and in consonance with the period of eight months service rendered by the workmen.
Accordingly, the writ petition is dismissed.
(SANJEEV PRAKASH SHARMA),J
Seema/134
2 issues framed by the court
Whether the High Court should interfere with the compensation award of Rs.1 lakh granted to workmen for retrenchment without compliance with mandatory provisions.
Whether the compensation amount awarded is in consonance with the period of service rendered.
4 provisions across 2 enactments
Union Of India, Through The Secretary, Government Of India, Department Of Posts
Chief Post Master General, Rajasthan Circle Office
Post Master General, Rajasthan Circle Office
Narpat Singh Son Of Shri Richhpal Singh
Khinv Singh Son Of Shri Prem Singh
Datar Singh Son Of Shri Chain Singh
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
