LPA No. 58 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 58 of 2004 (O&M) Date of decision: December 4, 2009 Surjit Kaur ...Appellant Versus District Red Cross Society, Faridkot, and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vikas Singh, Advocate, for the appellant. Mr. S.D. Sharma, Senior Advocate with Ms. Bindu Goel, Advocate, for respondent No.1. ORDER 1. The appellant is aggrieved by the order of learned Single Judge, setting aside the order of Labour Court reinstating the workman with backwages and directing compensation of Rs. 10,000/-. 2. The appellant was appointed on temporary basis as stop gap arrangement as Balsevika by the Red Cross Society on 3.7.1978. Her services were terminated on 4.3.1980. She raised industrial dispute, alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The Labour Court upheld the claim and on writ petition this Court held that having regard to the nature of appointment of the appellant and reason for termination i.e. shortage of funds, reinstatement with backwages was not called for. Following LPA No. 58 of 2004 2 judgment of Hon'ble Supreme Court in Rattan Singh Vs. Union of India and another (1997) 11 Supreme Court Cases 396, compensation of Rs. 10,000/- was granted to her. 3. It is not disputed that nature of appointment of the appellant was adhoc as stop gap arrangement and termination order was passed on account of lack of funds with the Red Cross Society. Under the circumstances, the view taken by learned Single Judge cannot be held to be erroneous. 4. Learned counsel for the appellant submits that the appellant has been facing litigation for last thirty years and her termination was held to be in violation of Section 25-F of the Act. In the circumstances, compensation awarded may be enhanced. 5. Taking an over all view of the matter, we modify the impugned order and raise the amount of compensation to Rs. 25,000/- Let the payment be made within one month from the date of receipt of copy of this order, after adjusting the payment already made. 6. The appeal is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE December 4, 2009 (GURDEV SINGH ) prem JUDGE