IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.825 of 2010 In Civil Writ Jurisdiction Case No. 8141 of 2001 ====================================================== 1. Bhojpur Rohtas Gramin Bank, Head Office, South Ramna Road, Arrah, Distt.- Bhojpur (Bihar) 2. The Chairman, Bhojpur Rohtas Gramin Bank, South Ramna Road, Arrah, Distt.- Bhojpur (Bihar) .... .... Appellant/s Versus 1. The Union Of India, Through Secretary, Ministry Of Labour, New Delhi, Through Secretary 2. The Presiding Officer, Industrial Tribunal, Patna 3. The General Secretary, Bhojpur Rohtas Gramin Bank, Employment Association, C/O Bhojpur Rohtas Gramin Bank, Mangal Pandey Road, Arrah, Distt.- Bhojpur 4. Dinesh Kumar S/O Sri Buchan Prasad C/O Sri Samdeo Prasad, Vill. & P.O.- Unwas, Distt.- Buxar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. R.R.Upadhyaya, Advocate Mr. Devi Das Srivastava, Advocate For the Respondent No.4 : Mr. V. N. Sahay, Advocate Mr Nil Kamal, Advocate ====================================================== 7 15-12-2011 Heard learned counsel for the appellants and learned counsel for respondent no.4, the workman. 2. By the order under appeal dated 18.9.2009, the writ petition preferred by the appellants bearing CWJC No.8141 of 2001 was dismissed. The Writ Court came to a firm conclusion that there was no flaw in the award of the Industrial Tribunal and hence, the writ petition had to be dismissed. Learned counsel for the appellants did not attempt to assail the findings Patna High Court LPA No.825 of 2010 (7) dt.15-12-2011 2 of the Writ Court and while accepting the finding that the award in favour of the respondent workman for reinstatement and back wages does not suffer from apparent flaw, he attempted to persuade us to alter the relief granted to the workman and order for appropriate monetary compensation in lieu of reinstatement and back wages. For this purpose, he placed reliance upon a judgment of the Supreme Court in the case of Ashok Kumar Sharma v. Oberoi Flight Services : 2009 (7) Supreme 249. In that case the Supreme Court has considered earlier judgments in paragraphs 7, 8 and 9 for coming to the view that payment of full back wages cannot be the only consequence in all cases of illegal termination of service and in the recent times, the consistent view of the Supreme Court has been that relief by way of reinstatement with back wages should not be automatic. In many cases it may be wholly inappropriate and compensation instead of reinstatement has been allowed to meet the ends of justice. 3. In view of aforesaid legal position and in the light of undisputed fact that the workman was employed on daily rate basis only, learned counsel for the appellant Bank produced before us the calculation of entire back wages up to November 2011 to show that the total amount from 24.6.1997 to Patna High Court LPA No.825 of 2010 (7) dt.15-12-2011 3 November 2011 would come to only Rs.73,726.65 paise. The chart of calculation is kept on the records because that indicates that up to February 2001 the daily rate of payment due to the respondent workman was only at the rate of Rs.8.35 per day. It got enhanced to Rs.150/- per month with further enhancement to Rs.715/- and from November 2011 it is at the rate of Rs.1600/- per month. On behalf of the Bank it has been submitted that by way of compensation in lieu of reinstatement and back wages, the Bank is ready to pay Rs.75,000/- as a lump sum. 4. On behalf of respondent workman it was submitted that even in the case of Ashok Kumar Sharma (supra) the Supreme Court enhanced the monetary compensation of Rs.60,000/- given by the High Court to Rs.two lakhs and therefore, this Court should either allow the relief of reinstatement with back wages as granted by the Industrial Tribunal or else it should enhance the monetary compensation to at least Rs.1.5 lakhs. 5. In the case of Ashok Kumar Sharma, the Apex Court found the compensation amount to be grossly inadequate on the basis of all relevant facts and circumstances including the nature of employment as the concerned employee was a Patna High Court LPA No.825 of 2010 (7) dt.15-12-2011 4 confirmed employee. It is to be noted that in the case of Sita Ram v. Moti Lal Nehru Farmers Training Institute, JT 2008 (3) SC 622 which was considered in paragraph 8 of the judgment in the case of Ashok Kumar Sharma, the Apex Court held that the industrial court exercises a discretionary jurisdiction in the matter and the relevant factors required to be taken into consideration i.e. the nature of appointment, the period of appointment, the availability of job etc. should weigh for determination of the issue whether reinstatement in service with back wages should be followed as a rule or just monetary compensation shall meet the ends of justice. In that case the Apex Court on considering the relevant facts allowed a sum of Rs.one lakh to each of the appellants, who had been terminated in December 1996. 6. In our considered view when the service of the workman was not a confirmed service and he was engaged as a daily wage employee, order for monetary compensation in place of reinstatement with back wages would meet the ends of justice. In view of the law laid down by the Supreme Court noticed above, we are of the further view that a sum of Rs.one lakh would be just and proper monetary compensation. This amount of Rs.one lakh must be paid to the respondent no.4 the Patna High Court LPA No.825 of 2010 (7) dt.15-12-2011 5 workman within one month from today failing which the appellants will be liable to pay interest at the rate of 9 per cent per annum till the date of payment. 7. With this modification in the judgment and order of the Writ Court, the appeal is dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)