IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1410 of 2009. Date of Decision : March 05, 2009. Gurdev Kaur. .... Petitioner . Versus. Presiding Officer, Labour Court, Patiala, and others. ... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Harsh Garg, Advocate, for the petitioner. Ms. Monika Chhibbar, Assistant Advocate General, Punjab, for the respondents No. 2 and 3. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the only contention which has been raised by counsel for the petitioner is that the workman had put in 11 years of service with the respondents and he has been granted merely Rs. 10,000/- as compensation by the Labour Court despite holding that his services were terminated in violation of the provisions of the Industrial Disputes Act. I have heard counsel for the parties and have gone through the records of the case. The workman was appointed on 04.04.1986 and he continued to work with the respondents till the date of his termination i.e. 01.11.1997. C.W.P.No. 1410 of 2009. These facts are not in dispute that the workman had put in service with the respondent more than 11 years. The Labour Court has rightly relied upon the judgments passed by Hon'ble the Supreme Court that the workman would not be entitled to reinstatement in service despite there being non compliance of the provisions of the Industrial Disputes Act basically on the principles that the initial appointment of the workman was not in consonance with the statutory rules governing the service. Further that the appointment was not as per the scheme envisaged under Articles 14 and 16 of the Constitution of India. However, keeping in view the fact that the workman has put in more than 11 years of service with the respondents, it would be just and equitable that the compensation of Rs. 1,10,000/- be granted to the workman in lieu of his reinstatement in service. The writ petitionis allowed, the workman is entitled to compensation of Rs. 1,10,000/- in lieu of his reinstatement. A direction is issued to the respondents to release the amount of compensation i.e. Rs. 1,10,000/- within a period of three months from the date of receipt of copy of this order. The present writ petition is disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE March 05, 2009. sjks. -2-