LPA No. 1182 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 25.2.2011 LPA No. 1182 of 2010 (O&M) Avtar Singh …..Appellant vs. P.O.Labour Court Jalandhar and others …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE ARVIND KUMAR Present: - Mr. M.S. Bedi, Advocate for the appellant. HEMANT GUPTA, J CM No. 3576 of 2010 Application is allowed. Delay in re-filing the appeal is condoned. LPA No. 1182 of 2010 Notice of motion. Mr. D. S. Brar, learned DAG, Punjab present in Court accepts notice. Present appeal is directed against an order passed by learned Single Judge on 14.5.2009, whereby the appellant has been found entitled to compensation of Rs. 1,50,000/-on account of illegal termination. Learned counsel for the appellant has vehemently argued that the said amount is meager as in the case of Gulzara Singh vs. The Jullan Co-opp. Agri. Service Society Ltd. in CWP No. 3066 of 1989 decided on 18.12.2008, workman has been given compensation of Rs. 3,00,000/- in almost similar circumstances. It is also contended that Rs. 1,05,634/- has been deducted as wages paid to the appellant under section 17-B of the Industrial Disputes Act, 1947 whereas the said amount is inclusive 1 LPA No. 1182 of 2010 (O&M) of Rs. 15,000/- imposed as cost upon the State for not defending the proceedings before the learned Labour Court in the earlier round of litigation. It is thus contended that Rs. 15,000/- could not have been taken into consideration while determining the compensation payable to the appellant. In the case of Gulzara Singh (supra), learned Single Judge has assessed the compensation of Rs. 3,00,000/- keeping in view the fact that the workman had superannuated. The amount of compensation depends upon the numerous factors including length of service, gravity of charges and other attendant circumstances. There cannot be any parity in the matter of grant of compensation. Learned Single Judge has exercised its discretion in granting the compensation of Rs. 1,50,000/- and such exercise of discretion cannot be interfered with only for the reason that in another proceedings, the workmen has been granted compensation of Rs. 3,00,000/-. However, we find that Rs. 15,000/- was paid to the workman in terms of the order passed by this Court on March 14.3.2007 when the writ petition filed by the Management was allowed against the ex-parte Award of the learned Labour Court. The said amount of Rs. 15,000/- is not towards the wages paid to the appellant but is towards costs. Therefore, we modify the order of learned Single Judge and order that the appellant shall be entitled to Rs. 59,566/- (Rs. 1,50,000/- (-) Rs. 90634/- as salary paid from 1.1.1994 to 31.3.2008.) With the said modification, appeal stands disposed of. (HEMANT GUPTA) JUDGE 25.2.2011 (ARVIND KUMAR) preeti JUDGE 2 LPA No. 1182 of 2010 (O&M) 3