1 D .B. CIVIL SPECIAL APPEAL (W) No.1163/2000 Narendra Singh Jhala Vs. State of Rajasthan & Ors. Date of Order : 18.8.2008. HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA Miss Rekha Borana for the appellant. Mrs. R.R. Kanwar, Additional Government Counsel for the State. Heard learned counsel for the parties. This appeal is directed against the order dated 24.8.2000 passed by the learned Single Judge in its writ jurisdiction affirming the award passed by the learned Labour Court directing for payment of compensation to the tune of Rs.15,000/- to the concerned workman in lieu of the reinstatement. Learned counsel appearing on behalf of the appellant contended that when the termination/retrenchment of the workman is found to be per se illegal, violative of Section 25-F of the Industrial Disputes Act, the learned Labour Court could have directed for reinstatement. She has also contended that in lieu of the reinstatement a lump sum of Rs.15,000/- by way of compensation is quite insufficient. From the materials on record, it appears that the concerned workman had continued to work under the employer for 1½ years and he was terminated w.e.f. 31.1.1990 whereas the award was passed on 22.5.1999, and the learned Labour Court keeping in view the duration of the concerned workman under employment, directed for payment of Rs.15,000/- in lieu of reinstatement. In every case of retrenchment/termination, even if it is found to be violative of the provisions of the 2 Industrial Disputes Act, it would not be necessary for the labour court to pass award directing the employer for reinstatement of the concerned workman. The matter entirely hinges on the facts and evidence led by the parties. In the given facts and circumstances of the case therefore, neither the learned Labour Court nor the learned Single Judge of this Court committed any jurisdictional error in passing the orders impugned. In view of the aforesaid reasons, we do not find any merit in this appeal. Consequently, the appeal has no force and is dismissed. (SANGEET LODHA),J. (NARAYAN ROY) C.J. vij