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Judgment
Hemant Gupta, J.
CM No. 3339 of 2010
Application is allowed. Delay of 18 days in filing of the appeal is condoned.
CM No. 3340 of 2010
Application is allowed. The documents are taken on record by dispensing with the filing of certified copies thereof.
LPA No. 1118 of 2010
Challenge in the present appeal is to an order passed by learned Single Judge dated 9.4.2010 whereby the writ petition filed by the Petitioner challenging the Award dated 3.12.2009 of learned Labour Court granting compensation on account of illegal retrenchment was dismissed.
It is the case of the Appellant that he was engaged on part time basis for four hours daily on 18.11.2002 as Mali-cum-Groundman and continued to work till 27.2.2004. Learned Single Judge has found that such appointment was not in consonance with the Statutory Rules but also found that the termination has been effected without payment of retrenchment compensation. In view of the said circumstance, learned Single Judge maintained the compensation of Rs. 10,000/- as granted by the learned Labour Court.
The argument of learned Counsel for the Appellant is that the finding of the learned Single Judge that the appointment was in contravention of the Statutory Rules is not correct.
We do not find any merit in the said argument. It could not be pointed out by the Appellant that any service Rule, much less applicable to the department, contemplates the appointment on part-time basis. The extent of compensation awarded was within the discretion of the learned Labour Court, which discretion has not been interfered with by the learned Single Judge.
In view of the said fact, we do not find any ground to interfere in the order passed by learned Single Judge on 9.4.2010.
Dismissed.