Vadodara Municipal Corporation vs Ramuben

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India the petitioner-Vadodara Municipal Corporation has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgment and award dated 19/08/2002 passed by the Labour Court, Vadodara in Reference (L.C.V) No. 417/1994 by which the Labour Court has partly allowed the Reference by directing the petitioner to reinstate the respondent with 75% back wages with continuity of service.

The learned advocates appearing on behalf of the respective parties have made the submissions at length on merits.

Shri Dave, learned advocate appearing on behalf of the respondent has requested to award lumpsum compensation looking to the fact that the respondent is a widow and that she has been acquitted in the criminal case for the alleged incident, which was during the service and she was not that much literate to inform the authority with respect to filing of the criminal case against her.

Shri Pranav Desai, learned advocate appearing on behalf of the petitioner has submitted that as such it was the duty of the employee to inform the appropriate authority with respect to filing of the criminal case and the respondent came to be dismissed after the inquiry and, therefore, it is requested to consider the impugned judgment and award passed by the Labour Court on its own merits. However, ultimately he has left it to the Court with respect to the amount of compensation, if this Court is inclined to consider the request of Shri Dave, learned advocate appearing on behalf of the respondent.

Heard the learned advocates appearing on behalf of the respective parties. Considering the nature of allegations made against the respondent for which the respondent came to be dismissed from service, more particularly, considering the fact that the main allegation against the respondent was not informing the appropriate authority with respect to filing of the criminal case against her and/or there was procedural lapse and considering the fact that the husband of the respondent was a Class IV employee, giving benefit of doubt to him that he might not be knowing about the strict compliance of the Rules and Regulations and ultimately considering the fact that the respondent is acquitted and the respondent is widow of the deceased employee, it appears to the Court that if the respondent is compensated in terms of lumpsum compensation by paying Rs. 1 lakh it will meet the ends of justice and this may put an end to the entire litigation. It is reported that the respondent has appeared through an advocate from the Legal Aid Committee.

In view of the above and for the reasons stated hereinabove, the present Special Civil Application is partly allowed and the impugned judgment and award passed by the Labour Court dated 19/08/2002 in Reference (L.C.V.) No. 417/1994 is hereby quashed and set aside so far as reinstatement with 75% back wages is concerned and is modified to the extent that the petitioner shall pay a sum of Rs. 1 lakh to the respondent by way of lumpsum compensation in lieu of reinstatement and back wages to be deposited/invested by the petitioner/Commissioner-Vadodara Municipal Corporation in any nationalized bank, which may be suggested by the respondent for a period of five years and the respondent shall be entitled to receive periodical interest on the same every quarterly and there shall not be any loan and/or premature withdrawal without prior permission of the Court. After completion of five years period, the respondent shall be permitted to withdraw the entire amount. The aforesaid order is passed with a view to protect the interest of the respondent, who is reported to be widow. Rule is made absolute to the aforesaid extent. No cost.