Dismissed

The Executive Engineer, Public Works Department v. Mohan Lal Jatav S/O Shri Ratan Lal Jatav

Rajasthan HC25 Jul 2024CW/264/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a Labour Court award that granted compensation instead of reinstatement to a retrenched workman due to a 19-year delay in raising the dispute. The Court held that the compensation amount was not exorbitant and did not warrant interference under Article 227.

What the court decided

AI extract

The Executive Engineer, Public Works… — Labour and Industrial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:31566]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 264/2023

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The Executive Engineer, Public Works Department, Division-First, Karauli (Rajasthan).

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Assistant Engineer, Public Works Department, SubDivision-I, Karauli (Rajasthan).

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----Petitioners

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Versus

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Mohan Lal Jatav S/o Shri Ratan Lal Jatav, R/o Village-Lohra, Tehsil And District Karauli.

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----Respondent

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For Petitioner(s) : Mr. Sharad Joshi, AGC For Respondent(s) :

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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25/07/2024

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This writ petition under Article 227 of the Constitution of India is directed against the award dated 21.12.2021 passed by the learned Labour Court, Bharatpur (for brevity, “the learned Labour Court”) in L.C.R. No.2269/2014 (31/2012) whereby, while answering the reference in favour of the respondent workman (for brevity, “workman”), the petitioners have been directed to pay a compensation of Rs.1,60,000/- in lieu of reinstatement.

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The relevant facts in brief are that the workman filed a claim petition stating therein that he was appointed by the petitioners as Beldar from 01.01.1986 and despite working for a period of more than 240 day in every calendar year, his services were retrenched vide oral order dated 01.12.1991 without issuing any notice or paying the retrenchment compensation. Alleging violation of the

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provisions of the Industrial Disputes Act, 1947, reinstatement with consequential benefits was prayed for.

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The petitioners in their reply, denying the averments made in the statement of claim, submitted that the workman has raised the dispute with dalay of 19 years, therefore, the claim petition be dismissed.

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After recording evidence of the respective parties, learned Labour Court allowed the claim petition as stated hereinabove.

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Assailing the award, the only contention advanced by the learned counsel for the petitioners is that the learned Labour Court erred in awarding the compensation of Rs.1,60,000/- despite there being delay of about 19 years in raising the dispute.

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He, therefore, prays that the writ petition be allowed, the award dated 21.12.2021 be modified and the amount of compensation be reduced substantially.

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Heard. Considered.

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While awarding the compensation of Rs.1,60,000/-, the learned Labour Court despite holding that services of the workman were retrenched in violation of the provisions of Act of 1947, instead of granting the relief of reinstatement with consequential benefits, awarded a compensation of Rs.1,60,000/- as he has raised the industrial dispute with delay of about 19 years. Thus, the learned Labour Court has already appreciated the aspect of delay in raising the industrial dispute while assessing the compensation which is not so exorbitant or shockingly disproportionate to the period of services rendered by the workman, i.e, six years so as to warrant any interference by this

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Court in its limited supervisory jurisdiction under Article 227 of the Constitution of India.

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Resultantly this writ petition is dismissed being devoid of merit. Pending application(s), if any, also dismissed accordingly.

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(MAHENDAR KUMAR GOYAL),J

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GAURAV/49

The Executive Engineer, Public Works Department v. Mohan Lal Jatav S/O Shri Ratan Lal Jatav

Case brief

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The Executive Engineer, Public Works Department v. Mohan Lal Jatav S/O Shri Ratan Lal Jatav

Case brief

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