Rajiv Kumar v. Municipal Council Jalalabad And Another
!" #!#$ %& ''( "))#!#$* +, Rajiv Kumar .....Appellant versus Municipal Council, Jalalabad and another .....Respondents # %& ''( )!!#!#$* +, Sukhchain Singh .....Appellant versus Municipal Council, Jalalabad and another .....Respondents
CORAM:
HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL KSHETARPAL, JUDGE Present :
Mr. C.M.Munjal, Advocate, for the appellant. **** -% . -* &(, CM No. 4498-LPA-2024 in LPA No. 1899 of 2024 For the reasons mentioned in the application, delay of 56 days in filing the appeal is condoned. Application stands disposed of. LPA Nos. 1899-2024 and 1900-2024 (O&M) 1.
Both these appeals are taken up together as the common question of law and facts are involved therein. For brevity the facts are borrowed from LPA No. 1899 of 2024.
2.
Challenge herein is to the order 06.05.2024 passed by the learned Single Judge allowing the petition filed by appellants by setting-aside the award passed by Labour Court. The Labour Court had dismissed the reference as regards termination of the appellants-workmen. RAVINDER KUMAR 2024.08.20 11:20 I attest to the accuracy and integrity of this document
LPA Nos. 1899 and 1900-2024 [2]
3. The learned Single Judge while setting aside the award passed by the Labour Court held that the appellants-workmen were entitled to reinstatement with 50% back wages but instead adopted the alternative course of compensation in lieu of reinstatement on the ground that work of pump operator is now being outsourced by the management. 4.
In our considered opinion, another factor which must have weighed in the mind of the learned Single Judge to adopt the alternative course of compensation in lieu of reinstatement was the fact that workmen had worked only for one year and two months with the management. 5.
In view of the decision rendered by the Apex Court in Bharat Sanchar Nigam Ltd. vs. Bhurumal (2014) 7 SCC 177, this Court does not find any perversity or illegality in the order passed by the learned Single Judge which is accordingly upheld and both the appeals stand dismissed. Pending applications, if any, also stand disposed of. *-% , - *ANIL KSHETARPAL, JUDGE
!" #!#$ ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2024.08.20 11:20 I attest to the accuracy and integrity of this document