Shiv Charan Vs Assistant Engineer Gov of Raj — Writ and Judicial Review | Rajasthan HC (2025)

Shiv Charan Vs Assistant Engineer Gov of Raj — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: petitioner/workman held entitled to a lump sum compensation of Rs.1,00,000/- in place of Rs.30,000/-, payable within twelve weeks of communication of the order after adjusting the Rs.30,000/- already awarded (if paid); on failure the enhanced amount carries interest @ 6% per annum, borne by the officer(s) responsible for delay; rest of the award maintained; pending applications disposed of.

Issue for consideration

Whether the quantum of lump sum compensation payable to the petitioner/workman — who served the respondent for one year (01.09.1987 to 31.08.1988) — should be enhanced from Rs.30,000/- to Rs.1,00,000/- in view of the Division Bench judgment of this Court dated 31.07.2018 in The Director, Tiger Project, Sariska, District Alwar vs. Labour Court and Another (D.B. Special Appeal Writ No.406/2018), there being no counter writ petition assailing the Labour Court's findings in favour of the workman.

Court's answer

Applying the undisputed Division Bench proposition that a workman who has worked upto a period of one year is entitled to a lump sum compensation of Rs.1,00,000/-, and since the petitioner/workman worked for one year (01.09.1987 to 31.08.1988), he is held entitled to a lump sum compensation of Rs.1,00,000/- instead of the Rs.30,000/- awarded by the Labour Court.

Ratio / Principle

Payment conditions imposed by this order: the respondent shall pay the compensation of Rs.1,00,000/- within twelve weeks from the date of communication of the order, after adjusting the Rs.30,000/- already awarded if already paid; on failure, the enhanced amount shall carry interest @ 6% per annum, the interest component to be borne by the officer(s) responsible for the delay.

Key takeaways

Rest of the Labour Court award is maintained; pending applications, if any, stand disposed of along with the writ petition.ratio¶21

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 19755/2017, High Court of Judicature for Rajasthan, Bench at Jaipur (Order dated 01/07/2025; Hon'ble Mr. Justice Mahendar Kumar Goyal). Filed under Article 227 of the Constitution of India by Shiv Charan, a workman employed with the respondent (Assistant Engineer, Public Works Department, Sub Division, Karauli) from 01.09.1987 to 31.08.1988 — one year — challenging only the quantum of the award dated 03.10.2017 of the Labour Court, Bharatpur in LCR No.672/2014 (876/1999), which had answered the reference in the workman's favour but, instead of reinstatement, awarded a lump sum compensation of Rs.30,000/-. No counter writ petition was filed by the respondent assailing those findings. Learned counsel for the petitioner invoked the Division Bench judgment dated 31.07.2018 of this Court in D.B. Special Appeal Writ No.406/2018 (The Director, Tiger Project, Sariska, District Alwar vs. Labour Court and Another); learned counsel for the respondent opposed the prayer but could not dispute that the Division Bench had held therein that a workman who has worked upto a period of one year is entitled to a lump sum compensation of Rs.1,00,000/-. Treating this as an undisputed legal proposition, the Court held the workman entitled to Rs.1,00,000/- instead of Rs.30,000/-, allowed the writ petition, maintained the rest of the award, directed payment within twelve weeks of communication of the order after adjusting the Rs.30,000/- already awarded if already paid, failing which the enhanced amount carries interest @ 6% per annum with the interest component to be borne by the officer(s) responsible for delay. Pending applications, if any, stand disposed of accordingly.

[2025:RJ-JP:24112]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19755/2017

Shiv Charan Son Of Shri Johari, aged about 48 years, Resident Of Naktipura, Post Nadi Barkheda Garwa-Ki-Chowki, Tehsil And District Karauli Rajasthan.

----Petitioner

Versus

The Assistant Engineer, Government Of Rajasthan, Public Works Department, Sub Division, Karauli.

----Respondent

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

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/07/2025

This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/workman (for short, ‘workman’) against the award dated 03.10.2017 passed by the learned Labour Court, Bharatpur (for brevity, ‘learned Labour Court’) in LCR No.672/2014 (876/1999) whereby, while answering the reference in favour of the workman, instead of reinstatement, he has been awarded a lump sum compensation of Rs.30,000/-.

Since, only the quantum of compensation is under challenge and there is no counter writ petition filed by the respondent assailing the findings of the learned Labour Court answering the reference in favour of the workman, facts in detail are not required to be referred. The only necessary and relevant fact for decision on the controversy involved is the period for which the workman has worked with the respondent which is from 01.09.1987 till 31.08.1988, i.e., one year.

[2025:RJ-JP:24112]

[CW-19755/2017]

(2 of 3)

Learned counsel for the petitioner submits that in view of a Division Bench judgment of this Court dated 31.07.2018 passed in the case of The Director, Tiger Project, Sariska, District Alwar vs. Labour Court and Another: D.B. Special Appeal Writ No.406/2018 and other connected matters, since, he has worked for a period of one year, he is entitled for a lump sum compensation of Rs.1,00,000/-. He, therefore, prays that the writ petition be allowed in terms that the respondent be directed to pay him the lump sum compensation of Rs.1,00,000/-.

Although, learned counsel for the respondent opposed the prayer; but, could not dispute that a Division Bench of this Court has held in the aforesaid case of the The Director, Tiger Project, Sariska (supra) that a workman, who has worked upto a period of one year, is entitled for a lump sum compensation of Rs.1,00,000/-.

In view of the aforesaid undisputed legal proposition, since, the workman has worked for a period of one year, he is found to be entitled for a lump sum compensation of Rs.1,00,000/- instead of Rs.30,000/-.

Accordingly, the writ petition is allowed in terms that the petitioner/workman is held entitled for a lump sum compensation of Rs.1,00,000/-. The respondent shall pay him the compensation of Rs.1,00,000/- after adjusting the compensation of Rs.30,000/already awarded, if already paid, within a period of twelve weeks from the date of communication of this order failing which the enhanced amount shall carry interest @ 6% per annum and the officer(s) responsible for delay would bear the interest component. Rest of the award is maintained.

[2025:RJ-JP:24112]

[CW-19755/2017]

(3 of 3)

Pending application(s), if any, also stands disposed of

accordingly.

(MAHENDAR KUMAR GOYAL),J

DIKSHA /164