Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 1588 of 2025
Decided on 21st July, 2025 Raj Kumar
…Petitioner Versus Executive Engineer HPPWD
…Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Rahul Mahajan, Advocate.
For the respondent: Mr. Sumit Sharma, Deputy Advocate General.
Ajay Mohan Goel, Judge (Oral)
I have heard learned counsel for the parties and have also carefully gone through the award passed by the learned Court below. It is apparent and evident from the award passed by the learned Labour Court that there indeed is a violation of Sections 25(f) 25(g) and 25(h) of the Act, which is evident from the fact that the State has not assailed these findings returned by the learned Labour Court. Therefore, the only question to be adjudicated is as to whether compensation to the tune of Rs.1,50,000/- in lieu of reinstatement is justified in the facts and circumstances of the case or not.
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2.
Learned counsel for the petitioner has vehemently argued that when the violation of Industrial Disputes Act was borne out from the record of the case, learned Labour Court erred in not ordering the reinstatement of the petitioner.
3.
On the other hand, learned Deputy Advocate General submitted that, though, it is a matter of record that the State has not assailed the award passed by the learned Labour Court, but, this fact cannot be ignored that the petitioner had raised the Industrial Dispute after 15 years and in this backdrop, even the award of Rs.1,50,000/- is on the higher side.
4.
Having heard the respective contentions of the
learned counsel for the parties and taking into consideration the fact that as on the date of the termination of the service of the petitioner, she had put in 612.5 days, as is also mentioned in Para-11 of the award, this Court is of the considered view that interest of justice would be served in case the amount of compensation, which has been awarded is enhanced to Rs.1.75 lac from 1.50 lac. Ordered accordingly.
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5.
With said modification in the award, this writ petition is disposed of. Other findings returned by the learned Labour Court are not disturbed. Pending miscellaneous applications, if any, stand disposed of.
(Ajay Mohan Goel)
Judge
July 21, 2025 (Vinod)