1 D.B. CIVIL SPECIAL APPEAL (W) NO.930/2008 Ram Kumar Vs. Vikas Adhikari, Panchayat Samiti, Rajgarh & Ors. Date of Order :: 25-11-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA Mr. R.S. Saluja, for the appellant. Heard learned counsel for the appellant. This appeal is directed against order dated 20.11.2006 whereby and whereunder the writ application filed by the Management employer against the award of reinstatement was allowed and the award passed by the Labour Court was modified. The appellant-workman is said to have been terminated from services on 1.3.1985. A reference thereafter was made on 16.11.1993 under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The reference however, was adjudicated upon by the Labour Court and an award of reinstatement was passed vide order dated 13.10.1998 without back wages. The employer however challenged the award by filing writ application before this Court which was disposed of by the impugned order. According to the case of workman, he was working as a part time worker on the wages of Rs.75/- per month. However, the termination was shown to be violative of the provisions of Section 25 F of the Act before the Labour Court by making contention that he had continuously worked for 240 days. The contention however was accepted by the Labour Court and impugned award was passed for reinstatement but without back wages. The learned Single Judge of this Court, in view of the pleadings of the parties and faced with the 2 situation that the award of reinstatement was passed after 13 years of the termination, it would not be appropriate to sustain the same; rather to grant compensation in lieu of the reinstatement. The learned Single Judge of this Court, keeping in view the wages paid to the workman and the period of duration in service, directed for payment of compensation to the tune of Rs.50,000/- in lieu of reinstatement. We are informed by learned counsel for the appellant that during pendency of the proceedings, the concerned workman also got his last drawn wages under the provisions of Section 17-B of the Act. Mr. Saluja, learned counsel appearing on behalf of the appellant, however submitted that the compensation amount so awarded by the learned Single Judge of this Court would be inadequate keeping in view the nature of work and the status of the workman who was working as Assistant Secretary, Gram Panchayat. Learned counsel therefore submitted that the amount of compensation should be enhanced to Rs.1 lac which has been done by Co-ordinate Bench of this Court. In view of the undisputed facts, the last drawn wages of the workman was Rs.75/- and he was terminated in 1985 and the impugned award was issued in 1998, in our considered view, it was a fit case for grant of compensation in lieu of reinstatement. The compensation amount so awarded in addition to the last drawn wages already paid to the workman, in our view, needs no modification. Regard being had to the facts and circumstances of the case therefore, we find no merit in this appeal and the same is accordingly dismissed. [SANGEET LODHA],J. [NARAYAN ROY],CJ. Praveen