1. D.B. CIVIL SPECIAL APPEAL (W) NO.912/2008 Likhma Ram Vs. Labour Court, Jodhpur & Ors. 2. D.B. CIVIL SPECIAL APPEAL (W) NO.915/2008 Amra Ram Vs. Labour Court, Jodhpur & Ors. Date of Order :: 20-11-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA Mr. R.K. Soni, for the appellants. Heard learned counsel for the appellants. Both the appeals since arise out of the common order, they have been heard together and are being disposed of by this order. By the order impugned, the writ applications were dismissed by the learned Single Judge of this Court with enhancement of the amount of compensation from Rs.10,000/- to Rs.40,000/- each. The appellants-workmen were initially engaged on daily wage basis as Helper and Pump Driver respectively by order dated 1.11.1990. However, they were terminated from the services with effect from 1.8.1991. On reference being made under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), the matter was adjudicated upon by the Labour Court and an award of compensation only was passed to the tune of Rs.10,000/- each in lieu of reinstatement. Learned Labour Court and the learned Single Judge of this Court seeing the nature of engagement of the concerned workmen who were engaged in the year 1990 and had hardly worked for about a year, and the award passed in 2007, directed for payment of compensation in lieu of the reinstatement. It is undisputed that the concerned workmen remained out of job for about 17 years. The Labour Court faced with this situation was wholly justified in directing for payment of compensation in lieu of the reinstatement. The amount of compensation however was enhanced to four times by the learned Single Judge of this Court from Rs.10,000/- to Rs.40,000/-. Learned counsel for the appellant however ultimately prayed for enhancement of the amount of compensation. Keeping in view the findings recorded by the labour court and the learned Single Judge of this Court, from where, it would be manifest that the concerned workmen remained out of job for 17 years, it was not a case of reinstatement; rather it was a case of compensation in lieu of reinstatement and keeping in view the wages paid to the concerned workmen, compensation of Rs.10,000/- was initially awarded which was enhanced to Rs.40,000/- each. Regard being had to the facts and circumstances of the case and keeping in view the enhancement of the compensation by learned Single Judge of this Court, in our view, there is hardly any scope of interference. Both these appeals accordingly are dismissed. [SANGEET LODHA],J. [NARAYAN ROY],CJ. Praveen D.B. CIVIL SPECIAL APPEAL (W) NO.915/2008 Amra Ram Vs. Labour Court, Jodhpur & Ors. Date of Order :: 20-11-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA Mr. R.K. Soni, for the appellants. Vide order in D.B. Civil Special Appeal (W) No.912/2008 (Likhma Ram Vs. Labour Court, Jodhpur & Ors.). BY ORDER BY ORDER COURT MASTER COURT MASTER