Akhil Anjana Kelavani Mandal vs Kanakben Narubha Zala

Honourable Mr. K.S. Jhaveri, J.—This petition has been filed against the judgment and award dated 01.02.2002 passed by the Labour Court, Ahmedabad in Reference LCA No. 1450/1996 whereby, the respondent was granted reinstatement with continuity of service and full back wages. The facts in brief are that the respondent herein was working as a Watchman with the petitioner-Institution. It is the case of the petitioner that the respondent and her husband vacated the quarter allotted by the petitioner-Institution and she also abandoned her services. However, later she raised an industrial dispute, which was numbered as reference before the Labour Court and came to be decided by the impugned award. Hence, this petition.

Heard learned counsel for both the sides. It is the case of the petitioner that the respondent had voluntarily left the job and had vacated the quarter after 1996. It was submitted that even after the award was passed, the respondent was asked to resume duty but, she did not resume the duties.

Learned counsel for the respondent supported the impugned award and submitted that if lump-sum compensation is awarded in lieu of reinstatement, continuity of service and full back wages, the same would serve the purpose.

Considering the fact that the respondent has voluntarily abandoned the duty and in view of the consistent practice of the Apex Court in such cases, it would be appropriate to award an amount of Rs. 20,000/- to the respondent/in lieu of the impugned award of reinstatement with full back wages. In view of the above, the impugned award of the Labour Court is substituted by awarding lump-sum compensation of Rs. 20,000/- [Rupees Twenty thousand only] to the respondent in lieu of reinstatement, continuity of service and full back wages. Such payment to be made by Account Payee cheque in the name of the respondent within a period of four weeks from the date of receipt of writ of this order. If payment is not made as aforesaid, the respondent shall be entitled for interest on the said amount to be calculated at the rate of 12% per annum. With the above observation, the petition stands disposed of. Rule is made absolute to the above extent with no order as to costs.