9911796707
TMI Blog2018 (11) TMI 1963X X X X Extracts X X X X X X X X Extracts X X X X ..... ther employees, namely, Ghanshyam Sahu and Saleem, the Labour Court in identical cases has ordered for reinstatement with 50% and 70% back wages. In the present case, the learned Presiding Officer of the Labour Court has held that the petitioner has worked continuously from 1995 to 1999, he has also not been served with any notice for the termination of his services and has also not been granted any retrenchment allowance - the Presiding Officer of the Labour Court ought to have maintained the parity in the present case also and the petitioner ought to have been granted the benefit of reinstatement. Although the impugned order dated 28.02.2009/28.11.2008 is hereby quashed, however, since the petitioner has not shown as to whether during all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... daily wager with the Forest Department from 1995 till 1999 and in each year he has worked for more than 240 days continuously without any break. However, in the year 1999 all the daily wagers including the petitioner s services were terminated orally but subsequently the State Government decided to take back all the daily wagers in view of the circular dated 21.01.2004, hence the petitioner had also applied for his reinstatement in the prescribed format in the light of the said circular. Since the said applications were not decided by the respondents, hence the petitioner and the other similarly situated persons approached the Labour Court and the Labour Court although allowed the application of the other employees with 50% 70% back wages w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which the employee has assailed his termination of service, the Labour Court instead of reinstatement can also grant compensation in lieu thereof and for that it is to be seen that whether the appointment of the employee was in accordance with law or not as well as the period for which the employee has worked and by referring the aforesaid judgments, the learned Presiding Officer of the Labour Court has awarded a compensation of Rs.10,000/- only instead of reinstatement which needs no interference. The counsel for the petitioner has also relied upon the Division Bench judgment of this Court rendered on 11.10.2017 in Writ Appeal No.11/2017 (Project Officer, I.C.D.S., Narsinghpur) vs Mohanlal Kumhar (Prajapati) to submit that the relief g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ghanshyam Sahu and Saleem reveals that their reference was made to the Labour Court in the year 2002 only and the final award was made in the year 2005 whereas the petitioner s case was referred to the Labour Court in the year 2007 only and the final award was made in the year 2008. Thus, apparently, the petitioner was negligent in pursuing his own matter before the Labour Court and after so many years after his termination, the Labour Court awarded the compensation of Rs.10,000/- instead of reinstatement. 8. In the considered opinion of this Court, the case of the petitioner was identical to that of other employees as in those cases also, the respondents did not bother to file any reply nor the employees were cross examined and as such th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed reinstatement of employees without any back wages. In the said case after discussing various judgments of the Apex Court, the Division Bench of this Court finally held as under : 25. In view of the above enunciation of law, we hold that there cannot be a straitjacket for awarding reinstatement with backwages or without backwages or compensation in lieu of reinstatement. There is no hard and fast rule that the Court should grant relief of reinstatement in each and every case. The same shall depend on facts and circumstances of each case. The Court may also pass an order substituting the order of reinstatement by awarding compensation but the same has to be based on justifiable grounds. (emphasis supplied) In the considered opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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