Punjab Agricultural University v. Joginder Singh And Others



    

 



 

  





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In the afore-mentioned facts and circumstances and considering the fact that the petitioner has been found to have worked from August, 2005 to March, 2008 and he was not a regular employee and it has not been shown that due process was followed while appointing the petitioner; therefore, the Tribunal has rightly not granted relief of reinstatement with continuity of service and back wages to the petitioner. However, taking note of the fact that the petitioner had worked from

August 2005 to March 2008 i.e. for almost 21⁄2 years and his services were terminated in violation of the provisions of Section 25-F of the 1947 Act; coupled with the fact that the respondent-Management has not laid any challenge to the award passed by the Tribunal and also that the services of the petitioner were terminated on 29.04.2008 i.e. almost 15 years ago and petitioner had been litigating with the respondentManagement since 2009; I am of the considered opinion that the compensation awarded to the petitioner is on the lower side. In my considered view, the interest of justice would be met if the compensation awarded to the petitioner by the Tribunal is enhanced from Rs.16,000/- to Rs.1,50,000/-. Accordingly, the respondent-Management is directed to pay the enhanced amount of compensation to the petitioner (after adjusting Rs.

16,000/- awarded by the Tribunal below, if already paid) within a period of three months from the date of receipt/presentation of a certified copy of this order. In case of non-payment of the amount to the petitioner within the stipulated period, the petitioner shall be entitled to simple interest at the rate of 6% per annum from the date of expiry of aforesaid period of three months till such time payment is made. Consequently, the Award dated 02.06.2014 (Annexure P1) passed by the Tribunal shall stand modified to the extent indicated above D
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