Leave granted.
The respondent was employed as a Chowkidar on daily
wage basis and for some reasons he was discontinued in
the year 1994. More than 14 years thereafter, he
approached the competent authorities under the JUDGMENT Industrial Disputes Act and by the Award dated
17.08.2012 passed by the Labour Court, it was directed
that he should be reinstated in service without back
wages. The said Award has been upheld by the High
Court.
Being aggrieved by the order passed by the High
Court, the appellant has approached this Court.
Heard the learned counsel for the parties. In view
of the Order dated 15.09.2014 passed by this Court in
Civil Appeal No. 9675 of 2014 titled as “State of
M.P. & Anr. vs. Vinod Kumar Tiwari”, in our
considered opinion, it is a fit case where some
compensation should be awarded to the respondent
instead of directing the appellant to reinstate him to
his position as a daily wage Chowkidar.
Looking at the facts of the case and in view of the
fact that the respondent was appointed on daily wage
basis and had approached the authorities after more
than 14 years, we direct that by way of final
settlement, instead of reinstatement as a daily wager, the respondent JUDGMENTbe paid a sum of Rs. 2 lacs, in
addition to what has already been paid to him when the
notice had been issued.
The Award dated 17.08.2012 in Reference Case No.
65/2009/ID Act passed by the Labour Court, Ujjain,
M.P. and confirmed by the High Court stands modified
accordingly. The aforesaid amount shall be paid by the
appellant to the respondent within eight weeks from
the date of receipt of a copy of this Order.
The appeal is allowed with no order as to costs.