Disposed

The General Manager (Adm), v. Sh Rameshwar Prasad S/O Sh. Badrinaarain, Ex Driver

Rajasthan HC5 Feb 2020SAW/1176/2018

Case brief

AI extract

What is this about?

This intra-circuit appeal challenges a writ court order dismissing an appeal against a Labor Court award reinstating a driver. The High Court disposed of the appeal by consent, substituting reinstatement with a lump sum compensation of Rs. 1,20,000 to settle all claims including arrears.

What did the court decide?

Respondent-workman entitled to Rs. 1,20,000 compensation in lieu of reinstatement to settle all claims and dues including arrears.

The General Manager (Adm), Vs Sh Rameshwar… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 1176/2018

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S.B. Civil Writ Petition No.6267/1999

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The General Manager (Adm), Rajasthan State Road Transport Corporation, Jaipur.

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The Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Bharatpur.

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The Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Jaipur.

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----Appellants

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Versus

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Sh Rameshwar Prasad S/o Sh. Badrinaarain, Ex Driver, At Present Resident Of Gram Jhera, Post- Chandarana, TehsilDaussa, District- Daussa.

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The Presiding Officer, Labour Court No. 1, Sahdev Marg, C Scheme, Jaipur.

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----Respondents

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For Appellant(s) : Shri Om Prakash Sheoran For Respondent(s) : Shri Jai Kumar Yadav

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Judgment

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05/02/2020

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(PER HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL):

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The instant intra court appeal has been preferred assailing the order dated 05.12.2017, whereby the writ petition preferred by the appellant-Corporation challenging the award dated 24.05.1999 passed by the Labour Court No.1, Jaipur, has been dismissed.

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The facts of the case in brief are that the respondent-workman filed a claim petition with the learned Labour Court No.1, Jaipur stating therein that he joined on 08.12.1985 as Driver on daily wage

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(2 of 3)

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[SAW-1176/2018]

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basis with the appellant-Corporation. He alleged that his name was removed from the duty chart on 27.06.1986. He averred that he was taken back in service on 04.12.1986 and continued till

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05.05.1987 whereafter he could not attend his duty on account of illness. The respondent-workman alleged that when he appeared to join the duty on 04.06.1987, he was informed that his services were already terminated on 27.05.1987. The appellant-Corporation contended that the workman was a daily wager and since, he stopped coming on duty, his name was removed from duty chart. The learned Labour Court has, vide its award dated 24.05.1999, allowed the reference and held the termination of services of the respondent-workman bad in law and he was directed to be reinstated back with continuity in service. The respondent-workman was given a sum of Rs.25,000 in lieu of back wages from the date of termination of his services till the date of award and he was held entitled, from the date of award, the same pay and emoluments being paid to the workman junior to him working as Driver on daily wage basis.

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The writ petition preferred by the appellant-Corporation against the award dated 24.05.1999 was dismissed by the learned Single Judge with modification that the respondent-workman was held entitled to receive the arrears minus the amount, which was paid to him in terms of Section 17B of the Industrial Disputes Act, 1947 during the pendency of the writ petition.

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It is contended by the learned counsel for the appellants that the respondent-workman has worked for a total period of about 12 months in two span with a gap of about six months and thereafter stopped coming on duty on his own. He denied violation of the provisions of the Act of 1947 as services of respondent, a daily

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(3 of 3)

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[SAW-1176/2018]

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wager, came to an end automatically on account of his absence. He submitted that in these circumstances, the order dated 05.12.2017 dismissing the writ petition against the award dated 24.05.1999 deserves to be quashed and set aside. In alternate, the learned counsel submitted that the appellant-Corporation is ready to pay a sum of Rs.1,20,000 towards compensation including amount already paid to the respondent-workman under Section 17B of the Act of 1947 during pendency of the writ petition in lieu of settlement of all claims.

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The learned counsel appearing for the respondent-workman agrees to the offer made and submits that he is ready to accept the aforesaid sum of Rs.1,20,000 including the amount already paid under Section 17B of the Act of 1947 during pendency of the writ petition in lieu of settlement of all his claims.

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With the consent of learned counsels, the special appeal is disposed of in the terms that the respondent-workman shall be entitled to receive a sum of Rs.1,20,000 as compensation in lieu of his reinstatement as well as for settlement of all his dues and claims, which shall include the amount already received by the respondentworkman under Section 17B of the Act of 1947.

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With the aforesaid observations, the appeal is disposed of.

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Compliance of the judgement be made within a period of two months from the date copy of this judgement is produced before the appellants, failing which the respondent-workman shall be entitled to interest @ 9% per annum for the period of delay.

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(MAHENDAR KUMAR GOYAL),J

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(SANGEET LODHA),J

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RAVI SHARMA /31

The General Manager (Adm), v. Sh Rameshwar Prasad S/O Sh. Badrinaarain, Ex Driver

Case brief

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The General Manager (Adm), v. Sh Rameshwar Prasad S/O Sh. Badrinaarain, Ex Driver

Case brief

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What did the court decide?

What the court decided

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