1 S.B. Civil writ petition No. 4327/2001 Laxmi Kant Dave vs Manager, The Pali Central Cooperative Bank Ltd. Date of Order : 25.2.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.AK Rajvanshy,for the petitioner. Mr. RK Kapoor, for the respondents. <><><> Heard learned counsel for the parties. The petitioner is challenging the award dated 28th Sept., 2001 by which after holding the petitioner's retrenchment illegal, the labour court, Jodhpur awarded compensation of Rs.15,000/- in lieu of reinstatement in total. The contention of the learned counsel for the petitioner is that once, the petitioner's retrenchment was found illegal then the petitioner was entitled to reinstatement with full back wages. Learned counsel for the respondent vehemently submitted that the petitioner even failed to disclose who was his employer or which officer appointed him. The petitioner's own case was that he was getting Rs.20/- per day. It is also submitted that the respondents did not choose to challenge because of the reason that the award of compensation to the petitioner was of Rs.15,000/- only and, therefore, the respondents took a lenient view and did not 2 challenge the award. I considered the submissions of learned counsel for the parties and perused the record. This fact is not in dispute that petitioner was getting Rs.20/- per day only and it is irrelevant who gave appointment to the petitioner, but from the facts of the case it appears that the petitioner continued in service for a short period and the labour court as a matter of fact recorded finding that he has been removed without following the due procedure of law. Looking to the services of the petitioner as well as the wages which he was getting, this Court is of the view that petitioner's reinstatement could not have been allowed by the labour court, however, the compensation awarded to the petitioner of Rs.15,000/- appears to be absolutely dis-proportionate to the services rendered by him and cannot be justified in view of the finding of the learned labour court that removal was illegal. Looking to the total amount, the petitioner would have been entitled to Rs.30,000/- as compensation instead of Rs.15,000/- as awarded by the learned labour court. In view of the above, the writ petition of the petitioner is partly allowed, the compensation allowed to the petitioner is enhanced to Rs.30,000/- from Rs.15,000/-. [PRAKASH TATIA], J. cpgoyal/-