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[2025:RJ-JP:20273] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5554/2009 Kanchan Kanwar, W/o Late Gopal Singh, Resident of VPO Jajod (Khedi) Via Palsana, Dist. Sikar ----Petitioner Versus
1. Labour Court No. 2, Rajasthan, Jaipur
2. Director, Medical And Health, Jaipur
3. Chief Medical And Health Officer, Sikar
4. Medical Officer And Incharge, Govt. Community Health Centre, Jajod Tehsil Srimadhopur, Dist. Sikar ----Respondents For Petitioner(s) : Mr. Tanmay Dhand For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order 14/05/2025 This writ petition under Article 227 of the Constitution of India is directed against the award dated 01.01.2009 passed by learned Labour Court No.2, Rajasthan, Jaipur (for brevity “the learned Labour Court”) in LCR No.47/2000 whereby, while answering the reference in favour of the deceased workman Shri Gopal Singh-husband of the petitioner, he was held entitled for a lump sum compensation of Rs.20,000/-. Assailing the award, the only contention advanced by learned counsel for the petitioner is that since, the deceased-workman has worked for a period of almost six years and nine months in the respondent-Department, in view of a Division Bench judgment of this Court dated 31.07.2018 passed in the case of The Director,
[2025:RJ-JP:20273] (2 of 3) [CW-5554/2009] Tiger Project, Sariska Vs. Labour Court and Industrial Tribunal and Another: D.B. Special Appeal Writ No.406/2018 and other connected matters, she is entitled for a lump sum compensation of Rs.3,00,000/-. He, therefore, prays that the writ petition be allowed, the award impugned dated 01.01.2009 be quashed and set aside to the extent of awarding a very low compensation of Rs.20,000/- and the respondents be
directed to pay her a lump sum compensation of Rs.3,00,000/- in terms of the Division Bench Judgment. Although, learned State Counsel opposed the prayer but, he could not dispute that a Division Bench of this Court has held that if a workman has rendered services for three years or more, he is entitled for a lump sum compensation of Rs.3,00,000/-. Heard. Considered. In view of the undisputed fact that the deceased-workman has worked for a period of almost six years and nine months before his services were retrenched, in the backdrop of the precedential law of a Division Bench of this Court in the case of The Director, Tiger Project, Sariska (supra), this Court allows this writ petition in following terms:-
1. The Award dated 01.01.2009 is modified in terms that instead of the lump sum compensation of Rs.20,000/- the petitioner would be entitled for the lump sum compensation of Rs.3,00,000/-.
2. The aforesaid amount, after adjusting the amount of Rs.20,000/- if already paid, shall be paid to the petitioner by the respondents within a period of twelve weeks from today failing which it shall carry interest @6% per annum and the officer(s)
[2025:RJ-JP:20273] (3 of 3) [CW-5554/2009] responsible for delay would bear the interest component. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J YOGESH/116