IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: LPA No.106 of 2008 DATE OF DECISION: February 24, 2009 HARBANS SINGH ...PETITIONER VERSUS THE PRESIDING OFFICER, LABOUR COURT ...RESPONDENTS & ORS. CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. L.N. VERMA, ADVOCATE FOR THE PETITIONER. NONE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The appellant-workman is aggrieved by the judgement dated 28.11.2007, passed by the learned Single Judge, whereby the writ filed by him was dismissed. Counsel for the petitioner submits that the workman had challenged the orders of his dismissal before the Labour Court, Bhatinda. The Labour Court held that termination of the appellant was illegal and awarded retrenchment compensation in the sum of Rs.4404/-. The appellant challenged the award of the Labour Court by filing CWP No.8391 of 1988, wherein the main plea of the appellant was that the compensation awarded is highly inadequate. The plea has been rejected vide the impugned judgement by holding that it would be otherwise unfair to order reinstatement after a gap of 20 years. Counsel for the appellant has argued that once the termination of the services of the appellant has been held to be illegal by the Labour Court, then he should have been either ordered to be reinstated or adequate compensation should have been paid. LPA No.106 of 2008 -2- No one has put in appearance on behalf of the respondents despite service. A perusal of the impugned award passed by the Labour Court shows that services of the appellant have been held to be terminated illegally, however, he has been awarded retrenchment compensation of Rs.4404/- only. The aforementioned amount has been arrived at by giving 6 months' salary. However, keeping in view the fact that the appellant had worked with the respondents from 21.2.1984 upto August, 1985, i.e. for more than 1½ years, therefore, we modify the judgement passed by the learned Single Judge by awarding higher compensation to the appellant. The appellant is held entitled to a total compensation of Rs.20,000/-. The amount already paid to him shall be deducted while paying the balance compensation. The aforementioned amount be paid by respondent No.2 within a period of 6 months from the date of receipt of certified copy of this order. (ASHUTOSH MOHUNTA) JUDGE February 24, 2009 (NIRMALJIT KAUR) Gulati JUDGE