IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.802 of 2009 (O&M) Date of decision: 11.2.2010 Shish Pal Singh. -----Appellant Vs. State of Haryana and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. S.S. Godara, Advocate for the appellant. Ms. Sushma Chopra, Addl.A.G., Haryana. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, setting aside the reinstatement of the appellant by the labour Court and directing compensation of Rs.60,000/- to be paid to the appellant. 2. The workman was engaged on daily wage basis in the Model Exotic Animal Farm, Bhiwani. He worked for about 10 years from 1984 to 1993. Thereafter, he was absent from duty and was not allowed to join. He raised an industrial dispute, alleging violation of Section 25-F of the Industrial Disputes Act, LPA No.802 of 2009 1947. The management contested the claim of the workman, having regard to nature of his appointment and his willful absence from duty. The Labour Court upheld the claim of the workman. However, learned Single Judge after referring to judgments of the Hon’ble Supreme Court in Ghaziabad Development Authority and another v. Ashok Kumar and another 2008(4) SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula (2008) 1 SCC 575, M. P. Administration v. Tribhuwan (2007) 9 SCC 748 and State of M.P. and others v. Lalit Kumar Verma (2007) 1 SCC 575, held that since the workman had been recruited to service without following statutory rules, he could not be reinstated, even if he had worked for 240 days. He was, however, held entitled to compensation of Rs.60,000/-. 3. We have heard learned counsel for the appellant and perused the record. 4. Learned counsel for the appellant submits that in view of judgment of this Court in State of Haryana v. Ishwar Singh and another 2008(3) SCT 788, compensation awarded is on the lower side. 5. We are of the view that it will be in the interest of justice that compensation awarded by learned Single Judge is increased to Rs.1 lac i.e. Rs.40,000/- over and above the amount awarded by learned Single Judge. The said amount be paid to the appellant within two months from the date of receipt of a copy of this order. 2 LPA No.802 of 2009 6. The appeal is disposed of. ( ADARSH KUMAR GOEL ) JUDGE February 11, 2010 ( ALOK SINGH ) ashwani JUDGE 3