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Judgment
The employer-petitioner has filed the present writ petition challenging award dt. 10th December, 1997, passed by the Labour Court, Jaipur. The
Labour Court by the impugned award has declared termination of services of respondent-workman to be illegal and order of reinstatement with 30%
back wages has been granted to the workman with continuity in service.
The perusal of award and other documents reveal that workman was appointed on 1st January, 1982 on the post of Milk & Fat Tester at Dausa and
he is alleged to have worked up to 22nd June, 1984.
This Court on 17th April, 2018, had asked learned counsel for the petitioner to seek instructions from his clients as to whether any lumpsum amount as
compensation can be offered to the workman in lieu of reinstatement. The said order was passed with a view to settle the dispute between employer
and employee as the respondent-employee has crossed the age of 65 years during pendency of the litigation.
Learned counsel for the petitioner, Mr R.K. Kala, on instructions, submits that the employer is prepared to pay Rs.1,00,000 to the workman as lump-
sum compensation in lieu of reinstatement as full and final settlement of the workman against all his claims.
Learned counsel for the respondent-workman submitted that the workman-employee had rendered services for a considerable long time i.e. from 1st
January, 1982 to 22nd June, 1984 i.e. about two and half years and as such he submits that Rs.1,00,000/- is not the appropriate relief, which should be
granted to the workman-employee.
Counsel for the respondent submits that the petitioner is foregoing all his claims in the hope of settling his disputes and at least employer should be
directed to pay a reasonable amount.
This Court thinks it appropriate to direct petitioner-employer to pay Rs.1,50,000/- as compensation towards full and final settlement of the employee-
workman.
This Court finds that reinstatement of the employee workman is not possible in the year 2018, as the employee has attained the age of superannuation
and further to shorten the litigation, the said order is passed to meet the end of justice.
This Court modifies the award passed by the Labour Court dt. 10th December, 1997 in LCR No. 73/86 and the award is modified to the extent of
granting Rs.1,50,000/- as the lumpsum compensation to the respondent-workman against his all dues and claims. The said amount of Rs.1,50,000/- will
be paid to the employee-workman within a period of five weeks from the date of receipt of certified copy of this order.
Accordingly, the present writ petition stands disposed of, in the above terms.