LPA No. 1123 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1123 of 2009 (O&M) Date of decision: December 2, 2009 Raj Kumar ...Appellant Versus Sanatan Dharma College (Lahore) and another ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Raghuvinder Singh, Advocate, for the appellant. Mr. Vikrant Sharma, Advocate, for the respondent No.1. ORDER 1. This appeal has been preferred against judgment of learned Single Judge, allowing writ petition of the respondent—management against the award of Labour Court reinstating the workman with continuity of service and full backwages and directing payment of compensation of Rs. 35,000/-. 2. The appellant workman was employed as attendant on part time basis with the management of respondent-college. He worked from 1.7.2001 to 10.4.2005 when his services were terminated. The workman raised industrial disputes, alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The Labour Court upheld the contention and directed reinstatement with backwages. LPA No. 1123 of 2009 2 3. On writ petition being filed by respondent, learned Single Judge held that the appointment of the appellant was to a public post without following statutory procedure and even if there was violation of Section 25-F of the Act, order of reinstatement could not be passed. Reliance was placed on judgments of Hon'ble Supreme Court in State of M.P. and others versus Lalit Kumar Verma (2007) 1 S.C.C. 575, M.P.Administration Versus Tribhuwan (2007) 9 S.C.C. 748, Ghaziabad Development Authority and another Versus Ashok Kumar and another 2008 (4) S.C.C. 261 and Mahboob Deepak versus Nagar Panchayat, Gajraula (2008) 1 S.C.C. 575. However, in view of observations in Telecom District Manager and other versus Keshab Deb 2008 (4) S.C.T. 33 and judgment of this Court in State of Haryana versus Ishwar Singh and another 2008 (3) S.C.T. 788, compensation of Rs. 35,000/- was directed to be paid to the appellant. 4. Learned counsel for the appellant submits that in Ishwar Singh (supra), this Court directed to pay Rs. 20,000/- for each completed year of service and the appellant has completed more than 3 years of service. 5. Learned counsel for the respondent relies on judgment of this Court in Divisional Forest Officer and another versus Chaman and another 2009 (2) RSJ 103 wherein compensation of Rs. 40,000/- was paid though the employee had rendered 7 years of service. 6. We are of the view that there can be no rigid formula for determining payment of compensation particularly when right to reinstatement has not been established. 7. Learned counsel for the respondent points out that in Ishwar Singh (supra), though observations were made that compensation be paid at LPA No. 1123 of 2009 3 the rate of Rs. 25,000/- for each completed year of service, the said observation was not to be treated as rigid formula. In that case period of services was more than one year, for which compensation Rs. 20,000/- was directed to be paid. 8. Taking an over all view of the matter, we are of the view that the appellant is entitled to further amount of Rs. 15,000/- over and above the amount directed by learned Single Judge. Let the payment be made within one month from the date of receipt of copy of this order. 9. The appeal is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE December 2, 2009 (GURDEV SINGH ) prem JUDGE