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Judgment
These are cross-appeals.
The Indian Red Cross Society, Jaipur had led a challenge to the award dated January 7, 1992, holding retrenchment of the workman to be in violation of Section 25F of the Industrial Disputes Act, 1947 and reinstatement with back wages being ordered.
Deciding the writ petitions filed by the Indian Red Cross Society by the impugned order dated February 14, 2006, the learned Single Judge has noted that the post was abolished.
Noting that the retrenchment compensation was credited to the account of the workman after two days of the retrenchment, the learned Single Judge has directed that lump-sum compensation in the sum of Rs.60,000/- would suffice. Noting that Rs.10,000/- has been paid to the workman, the direction was to pay the remaining sum of Rs.50,000/-.
Learned counsel for the Indian Red Cross Society urges that the award had to be set-aside on account of fact that the President of the Society deposed that the cheque in lieu of compensation was tendered to the workman along with the order of retrenchment dated October 20, 1984. Since workman did not receive the cheque, next day being a bank holiday, the money was deposited in the account of the workman.
Having perused the award and the evidence led, we find that the save and except the President of the Indian Red Cross Society deposing to said fact of having tendered the retrenchment compensation to the workman, there is no other evidence.
Concededly, the person who tendered evidence as the President of the Indian Red Cross Society was not the President of the Society when the order dated October 20, 1984 was passed.
He had no personal knowledge. In fact, the affidavit by way of evidence filed by him shows that he was deposing to the facts based on the relevant record. No relevant record was proved to show that the retrenchment compensation was tendered.
In view of the fact that the post in question was abolished and the retrenchment was as a consequence thereof, noting that the retrenchment compensation was deposited in the account of the workman after two days, we find no infirmity in the impugned-order passed by the learned Single Judge, which balances equities.
While dismissing both the writ appeals, we note that Rs.50,000/- which was to be paid to the workman as per the impugned-order ought to be within 30 days. The amount has not been paid.
We therefore direct that Rs.50,000/- may now be paid with interest @8% p.a. from the date of the impugned-order till the amount is tendered.
No costs.