Ramkishan Gurjar S/O Mukhram Vs Deputy Forest Conservator — Rajasthan HC (2025) — LawSathi Research

Ramkishan Gurjar S/O Mukhram Vs Deputy Forest Conservator — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

D.B. Special Appeal Writ No. 1269/2022 allowed; the award dated 11th July 2018 was modified and the compensation payable to the workman was fixed at Rs. 3,00,000/-.

Issue for consideration

Maintainability of the present Special Appeal, the respondent's counsel (learned Additional Advocate General) contending that it is not maintainable because it only seeks enhancement of compensation. +2 more

Ratio / Principle

Considering the remuneration of Rs. 40/- per day paid to the appellant at the time of his appointment, this Court deemed it proper to modify the award dated 11th July 2018 and fixed the compensation payable to the workman at Rs. 3,00,000/-.

Key takeaways

Even going by the inflation in the next three decades, the compensation of Rs. 1,50,000/- was definitely too meager, the award having been made about three decades after the workman's retrenchment.ratio¶20
As a general practice, this Court would not interfere in matters of this nature except for any exceptional circumstance.obiter¶20
There is no challenge by the respondent-department to the writ Court's order dated 31st August 2022 by filing an Appeal.ratio

Detailed headnote1 paragraphs

D.B. Special Appeal Writ No. 1269/2022, High Court of Judicature for Rajasthan, Jaipur Bench (Division Bench: Justice Shree Chandrashekhar and Justice Anand Sharma; order dated 01/05/2025; neutral citation 2025:RJ-JP:18430-DB). The appellant-workman, Ramkishan Gurjar, who stood terminated on 13th December 1990 on account of illegal action on the part of the employer (respondent Deputy Forest Conservator, Samajik Vaniki, Alwar), had obtained a Labour Court award dated 11th July 2018 declaring his retrenchment illegal and awarding compensation of Rs. 1,50,000/- without reinstatement. The writ Court's order dated 31st August 2022 left the award undisturbed on merits but enhanced the compensation to Rs. 2,00,000/- without stating any reason or basis. The respondent-department did not challenge the writ Court's order by filing an appeal. Finding the compensation of Rs. 1,50,000/- too meager against three decades of inflation — the Forest Department having paid the appellant only Rs. 40/- per day at the time of his appointment for plantation work — the Division Bench modified the award dated 11th July 2018 and fixed the compensation at Rs. 3,00,000/-, and allowed the Special Appeal in those terms.

[2025:RJ-JP:18430-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Special Appeal Writ No. 1269/2022

Ramkishan Gurjar Son of Mukhram, Aged About 52 Years, Resident Of Pahadi Ki Dhani, Tehsil Behror, Distt. Alwar (Rajasthan)

----Appellant

Versus

Deputy Forest Conservator, Samajik Vaniki, Naya Baas, Alwar (Raj.).

----Respondent

For Appellant(s)	:	Mr. Ashish Sharma Upadhyay, Adv. Mr. Jaikishan Singh, Adv. Mr. Anirudh Gupta, Adv.
For Respondent(s)	:	Mr. Bharat Vyas, AAG with Ms. Anima Chaturvedi, Adv.

HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order

01/05/2025

Aggrieved by the award dated 11^th July 2018, the workman approached the writ Court.

Mr. Bharat Vyas, the learned Additional Advocate General contends that the present Special Appeal is not maintainable because it only seeks enhancement of compensation.

The Labour Court decided the reference in favour of the workman and held that the retrenchment of the workman from service was illegal but did not order reinstatement in service. Aggrieved thereby, the workman put forth a plea before the writ Court that the award of compensation to the tune of Rs. 1,50,000/- was not sufficient as to compensate him on account of illegal action of the employer. The writ Court did not interfere with the award dated 11^th July 2018, on merits, but

[2025:RJ-JP:18430-DB]

[SAW-1269/2022]

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decided to enhance the compensation from Rs. 1,50,000/- to Rs.2,00,000/-.

Assailing the writ Court’s order, the learned counsel for the appellant would submit that no reason or basis has been indicated by the writ Court for enhancement of compensation amount to Rs.2,00,000/-.

At the outset, we would indicate that there is no challenge by the respondent-department to the writ Court’s order dated 31^st August 2022 by filing an Appeal. 6. Normally this Court would not interfere in the matters of this nature but for any exceptional circumstance. We have gone through the materials on record and formed an opinion that there is at least one circumstance that required consideration by the writ Court. That the workman who stood terminated on 13^th December 1990 on account of illegal action on the part of the employer deserved to be suitably compensated when the award was made about three decades after his retrenchment. Even going by the inflation in the next three decades, compensation of Rs.1,50,000/- was definitely too meager. At the time of his appointment, the Forest Department was paying remuneration of Rs.40/- per day to the appellant for plantation work. Considering this amount of remuneration, we deem it proper to modify the award dated 11^th July 2018 and the compensation amount is fixed to the tune of Rs.3,00,000/-

D.B. Special Appeal Writ No. 1269/2022 is allowed, in the above terms.

(ANAND SHARMA),J

(SHREE CHANDRASHEKHAR),J

HEENA/MAHIMA/156