2018 (11) TMI 37

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....ed 18.12.2007 passed by the High Court of Judicature of Rajasthan in D.B. Civil Special Appeal (Writ) No.1417 of 1997 whereby the High Court allowed the appeal filed by the respondent. 2. Facts of the case lie in a narrow compass. They are stated infra. 3. The appellant is a Government company engaged in manufacture of certain items. It is now declared as a sick company. 4. The respondent....

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....favour. 7. It was held that termination of the respondent was not legal and proper and, therefore, it was liable to be set aside. It was accordingly set aside. It was also held that the respondent be reinstated in service by the appellant and he be given continuity in service, also. 8. The appellant (employercompany) felt aggrieved and filed writ petition in the High Court. By an order dated....

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.... of the Labour Court. 12. Having heard the learned counsel for the appellant and on perusal of the record of the case, we are of the considered opinion that the appeal deserves to be partly allowed by modifying the award of the Labour Court to the extent indicated infra. 13. It is not in dispute that the respondent was a casual worker and hardly worked for one year (10.6.1976 to 30.7.1977). ....

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.... worked for gains or not after his services came to an end in 1977, this was a fit case where the Labour Court should have awarded lump sum compensation to the respondent instead of directing his reinstatement in service with consequential benefits. The Labour Court was empowered to pass such order by taking recourse to the powers under Section 11A of the Act. This has also been the view of this C....