1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1491/2008 (Anusaya Manikrao Kokude Vs. The Div. Social Welfare Officer, Nagpur & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. I.S. Charlewar, Adv. for the petitioner. CORAM : Smt. Vasanti A. Naik, J. DATED : 15 th APRIL, 2008. Heard Shri Charlewar for the petitioner. The petitioner impugns the order passed by the Labour Court, Bhandara, on 16/4/2005, in Complaint U.L.P. No. 123/1992 as also the order passed by the Member, Industrial Court, Bhandara, in Revision U.L.P. No. 56/2005 on 16/8/2005, so far as it did not grant reinstatement to the petitioner. The petitioner claimed to have been engaged on daily wages to work as a Cook at a Hostel in Gondia. On 19/3/1991, the respondent no.1 appointed the petitioner as Safai Kamgar against vacant post in Virshi Relief Camp. The services of the petitioner were, however, terminated on 7/1/1992 without giving the notice and without paying the retrenchment compensation. The petitioner, therefore, filed a complaint under the 2 provisions of Section 28 of M.R.T.U. & P.U.L.P. Act. The respondents denied that the petitioner was appointed as a Safai Kamgar in the vacant post in Virshi Relief Camp. It was the case of the respondents that the appointment of the petitioner as Safai Kamgar was on temporary basis subject to certain conditions. The petitioner had not completed 240 days of service and was not entitled to claim any relief as claimed in the petition. The Labour Court, Bhandara, after considering the evidence tendered by the parties on record, has held that the petitioner had worked for 240 days as daily wager in Virshi Relief Camp from 1/3/1991 to January 1992. Since the petitioner had worked for more than 240 days and the respondents had not complied with the mandatory provisions of the Industrial Dispute Act, the Labour Court held that the petitioner has succeeded in proving the unfair labour practice of the respondents. The Labour Court, however, did not grant reinstatement to the petitioner on the ground that the termination order had taken place more than a decade ago and the petitioner had produced nothing on record to show that Virshi Relief Camp was functioning and the work was available for the petitioner at Virshi Relief Camp. The Court recorded a categorical finding that there was no clear vacant post of Safai Kamgar 3 at Virshi Relief Camp. The Labour Court directed the respondents to pay Rs. 15,000/- as compensation in lieu of the reinstatement and costs of the proceedings, to the petitioner. The order passed by the Labour Court was challenged by the petitioner before the Industrial Court, Bhandara, but the revision filed by the petitioner was dismissed by the Industrial Court by the order dated 16/8/2005. I have heard the learned counsel for the petitioner and also perused the order passed by both the Courts. A categorical finding is recorded that in the absence of clear vacancy of the post of Safai Kamgar, since the termination of the petitioner had taken place more than a decade ago and since the petitioner had not produced any material before the Labour Court to show that Virshi Relief Camp was still functioning and the work is available there, the petitioner could be granted compensation in lump sum in lieu of reinstatement. It appears that the petitioner has received the amount of compensation in lieu of reinstatement. Even otherwise since there is nothing on record to show that the Virshi Relief Camp was operational on the date of passing of the impugned order on 16/4/2005, the orders passed by the Labour Court, Bhandara, cannot be found fault with. In any case, the orders do not suffer from any jurisdictional error so as to interfere with the same 4 in exercise of extraordinary jurisdiction. The writ petition is, therefore, dismissed with no order as to costs. JUDGE RMP