IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.564 of 2009 (O&M) Date of decision: 11.1.2010 M/s Action Construction Equipment (P) Ltd. -----Appellant Vs. Presiding Officer & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Sanjiv Sharma, Advocate for the appellant. Mr. Anil Shukla, Advocate for respondent No.2. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, upholding award of the Labour Court directing reinstatement with 50% backwages. 2. The workman raised an industrial dispute alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (for short, “the Act”). He claimed that he was appointed as a Machine Operator in March, 1997 without any appointment letter. He received an injury for which he took treatment but he was not taken back in service after 14.9.1998. The management contested the claim of the workman by submitting that the workman was recruited by a contractor and worked for 203 days and left the job voluntarily. The Labour Court upheld that claim of the workman after referring to records of Employees State LPA No.564 of 2009 Insurance Corporation and Provident Fund Department and directed reinstatement with 50% backwages. Learned Single Judge upheld the said award. 3. We have heard learned counsel for the parties. 4. Contention raised on behalf of the appellant is that the workman worked for about 1½ year and in such circumstances, even if there is violation of Section 25-F of the Act, reinstatement with 50% backwages is not justified. The management is prepared to pay a sum of Rs.50,000/- towards compensation, having regard to service of about 1½ year rendered by the workman. 5. We find merit in the contention. The workman has worked for about 1½ year even according to his own claim and a period of more than 10 years has passed. In such circumstances, it will be just and fair if the workman is given compensation as proposed on behalf of the management. 6. Accordingly, the impugned award is modified and the workman is held entitled to compensation of Rs.50,000/- in full and final settlement in his claim. The amount may be paid by the appellant to the workman within one month from the date of receipt of a copy of this order. 7. The appeal is disposed of. (ADARSH KUMAR GOEL) JUDGE January 11, 2010 ( ALOK SINGH ) 2 LPA No.564 of 2009 ashwani JUDGE 3