Partly allowed

Deputy Conservator of Forests v. Sharfuddin S/O Shri Babu Khan

Rajasthan HC20 Aug 2019SAW/700/2018

Case brief

AI extract

What is this about?

A Special Leave Petition challenging a Labour Court Award directing reinstatement without back wages was partly allowed. The appellants, Deputy Conservator of Forests and Regional Forest Officer, sought modification based on judicial trends favoring lump sum compensation over reinstatement.

What did the court decide?

The appeal is partly allowed; reinstatement direction is replaced with lump sum compensation of ₹2,50,000 payable within eight weeks.

Deputy Conservator of Forests Vs Sharfuddin S/O… — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Special Appeal Writ No. 700/2018

¶3

Deputy Conservator of Forests, Social Forestry Dausa, District Dausa.

¶4

Regional Forest Officer, Social Forestry, Bandikui, District Dausa.

¶5

----Appellants

¶6

Versus

¶7

Sharfuddin S/o Shri Babu Khan, R/o Biwai, Tehsil Baswa, District Dausa.

¶8

----Respondent

¶9

For Appellant(s)	: Mr. Shashi Kant Saini on behalf of
	Mr. RP Singh,AAG.
For Respondent(s)	: Mr. Amin Ali, Adv.

¶10

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH

¶11

Order

¶12

20/08/2019

¶13

The appellants state that the Award of the Labour Court which was not interfered by the Single Judge, was erroneous.

¶14

The respondent-workman had raised an industrial dispute in 2003 complaining that the termination of his employment on 30.12.1996, was in violation of Section 25-F and Section 25-G of the Industrial Disputes Act, 1947 (hereinafter referred as the ‘Act’). The Award of 28.9.2016 upheld his contention and directed his reinstatement but denied him back wages. The learned Single Judge, to whom the State approached, complaining that the Award was erroneous, rejected the writ petition in limine .

¶15

We have heard Counsel for the parties. It is contended by the State that the approach of the Courts these days has been to not direct reinstatement but instead grant lump sum

¶16

(2 of 2)

¶17

[SAW-700/2018]

¶18

compensation; the decision in The Director, Tiger Project, Sariska, District Alwar Vs. Data Ram & Ors. -D.B.Special Appeal Writ No.406/2018 and connected cases on 31.07.2018 has been cited. It is contended that in that judgment Court had directed that broadly if someone had worked for a year, the compensation payable would be 1,00,000/-; in the case of two years, it ought to have been 2,00,000/- and in the case of three years and above, it ought to be `3,00,000/-. Counsel for the respondent argued that the labour Court itself has denied back wages. In these circumstances, the denial of reinstatement would be unfair.

¶19

Having considered the overall circumstances and the given facts of this case which clearly shows that the workman was in service for one year, in the opinion of this Court, the ends of justice would be served if lump sum compensation to the tune of `2,50,000/- (approximately equivalent to two years back wages) based on minimum wages is given. This amount shall be paid to the respondent within eight weeks from today.

¶20

The appeal is partly allowed in the above terms.

¶21

(INDERJEET SINGH),J (S. RAVINDRA BHAT),CJ

¶22

NAVAL KISHOR-JKP-80

Deputy Conservator of Forests v. Sharfuddin S/O Shri Babu Khan

Case brief

What is this about?

What did the court decide?

Deputy Conservator of Forests v. Sharfuddin S/O Shri Babu Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suresh Agrawal S/O Late Shri Raghuveersharan Agrawal Vs Rajasthan State Road Transport Corporation

M/S Kei Industries Vs Union of India

Anil Sethi Vs Shri O P Meena and Ors.

Dy. Director, Women and Child Development Department Vs Smt. Vishnu Devi Sharma W/O Shri Lakhpat Rai Sharma

Hansa Choudhary D/O Shri Rameshwar Lal Vs State of Rajasthan

Ashok Choudhary S/O Shri Ram Gopal Choudhary Vs State of Rajasthan