[2025:RJ-JP:31262-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 371/2024 Supdt. Small Industrial Training Centre, Aklera, District Jhalawar. ----Appellant Versus 1. Judge, Labour Court, Kota. 2. Puran Chand Lodha S/o Shri Bhairulal, R/o Devri Khurd, Post Devri Kalan, Tehsil Aklera, District Jhalawar. ----Respondents For Appellant(s) : Ms. Mahi Yadav, Additional Advocate General. For Respondent(s) : Mr. Shailesh Prakash Sharma, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 12/08/2025 1. This special appeal (writ) has been filed on behalf of the appellant challenging the order dated 13.09.2023 whereby the writ petition (S. B. Civil Writ Petition No.328/2001) against the award dated 02.08.2000 passed by the learned Labour Court was dismissed by the learned Single Judge. 2. Brief facts of the case are that the respondent-workman raised a dispute before the learned Labour Court with regard to termination of the service. Learned Labour Court decided the dispute and passed the award dated 02.08.2000 and directed for reinstatement of the workman along with thirty per cent of the back wages. Counsel further submits that the respondent- workman worked for about two years as a daily wage worker and he left the job in the year 1993 and there was no sanctioned post, therefore, the reinstatement could not be automatic and instead of [2025:RJ-JP:31262-DB] (2 of 3) [SAW-371/2024] reinstatement, some reasonable compensation should be paid to the workman. 3. Counsel for the respondent-workman opposed the submission made by counsel for the appellant. However, he has not disputed the fact that the respondent-workman has worked for about two years. 4. Heard counsel for the parties and perused the record. 5. The Hon’ble Supreme Court in the matter of “Amit Kumar Dubey Vs. M.P.P.K.V.V. Co. Ltd. & Anr.”, civil Appeal arising out of SLP (Civil) No(s).20902/2024 decided on 29.01.2025, in para no.9, held as under: “9. Therefore, in the facts and circumstances of the matters, we deem it fit to enhance the compensation granted to the appellants by the High Court. We hold that the appellants would be entitled to enhanced compensation at the rate of Rs. 1.5 lakhs per year for the period they have worked and in case, they have worked for a part of the year, then the amount of compensation is to be calculated at the same rate to be applied on a pro-rata basis. The following table represents the period of service rendered by each of the appellant and accordingly, the amount of compensation each of them shall be entitled to in terms of the above directions: Diary No. Appellant’s Name Month of joining Month of commencement of regular service Month of termination Period of service Amount of compensation 34425/24 Amit Kumar Dubey May,2008 August,2008 June,2011 3Years2 Months Rs. 4,75,000 34400/24 Anil kumar choudhary June ,2009 November, 2009 March,2011 1 year 10 months Rs.2,75,000 34401/24 Prakash premi December, 2006 March, 2007 June, 2011 4 years 7 months Rs. 6,87,500 34420/24 Balram ahirwar July,2008 October,2008 June, 2011 3 years Rs. 4,50,000 34720/24 Amar singh thakur July, 2008 October, 2008 June, 2011 3 years Rs. 4,50,000 24986/2024 Devendra kumar shukla January,2004 April,2004 July ,2011 7 years 7 months Rs. 11,37,500 34404/2024 Abhishek chouksey April, 2008 July, 2008 June, 2011 3 years, 3 months Rs. 4,87,500 34419/2024 Sunil kumar mishra March,2008 May, 2008 June, 2011 3 years 4 months Rs. 5,00,000 [2025:RJ-JP:31262-DB] (3 of 3) [SAW-371/2024] 34412/2024 Deepchandra rohit April, 2008 May,2008 June, 2011 3 years 3 months Rs. 4,87,500 34721/2024 Nilesh kumar pandey February, 2008 April,2008 June, 2011 3 years, 5 months Rs. 5,12,500 6. In view of the judgment passed by Hon’ble Supreme Court in the matter of ‘Amit Kumar Dubey’ (supra), we deem it just and proper to modify the award dated 02.08.2000 passed by the Labour Court and order dated 13.09.2023 passed by the learned Single Judge by allowing some reasonable compensation to the respondent-workman. 7. In that view of the matter, we direct the appellant to pay to the respondent-workman a sum of Rs.3,00,000/- as compensation within a period of three months from today as full and final settlement towards his claim against reinstatement and thirty per cent back wages. Thus, the award dated 02.08.2000 passed by the Labour Court and order dated 13.09.2023 passed by the learned Single Judge stand modified in the abovesaid manner. 8. It is also made clear that if the amount of Rs.3,00,000/- as compensation is not paid within a period of three months from today, the respondent-workman shall be entitled for interest at the rate of nine per cent per annum on the delayed payment. 9. Accordingly, the appeal stands partly allowed. (BHUWAN GOYAL),J (INDERJEET SINGH),J Tushar/51