Purnima Rani Das v. The Pradhan

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/114/2022 Purnima Rani Das Vs.

The Pradhan Mr. Gopala Binnu Kumar .... for the petitioner Ms. Vinita Devi Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents April 05, 2024 [SR] Item No. 10 Award dated February 23, 3023 passed by the Labour Court is under challenge to the extent it not passing a complete package of compensation.

Learned advocate appearing for the petitioner submits that, the Labour Court failed to take into consideration the issue of grant of compensation till the date of the award. He points out that, the earlier award dated January 30, 2019 took into consideration the compensation receivable by the petitioner from January 1, 2012 the till the date of the award. Such award was challenged by way of a writ petition being WP No.168 of 2019. Such writ petition was disposed of by an order dated December 16, 2019 where, the Labour Court was requested to take up the reference afresh and dispose of the same as expeditiously as possible. An appeal was carried therefrom being CAN No.002 of 2020 with MA No.003 of 2020 which was disposed of by an order dated January 09, 2020. The Appeal Court directed that the Labour Court should determine the damages assessed as lumpsum and not in the shape of monthly payments.

Thereafter, the impugned award was passed on February 23, 2022. He points out that, the Tribunal did not grant compensation for the period till the date of the award in respect of wrongful termination but limited it till December 31, 2011. At the minimum, petitioner is entitled to compensation till the date of the award, on account of wrongful termination.

Learned advocate appearing for the Administration opposes the prayers made by the writ petitioner. He submits that, the Tribunal correctly assessed the quantum of compensation. In support of such contention, he relies upon the order of the Division Bench dated January 09, 2020, which according to him, governs the parties.

A reference was made to the Labour Court in respect of the retrenchment of the writ petitioner. Such reference was registered as ID case No. 08 of 2013. Such reference was disposed of by an award dated January 30, 2019.

Being aggrieved by such award, Administration filed a writ petition being WP No.168 of 2019 which was disposed of by order dated December 16, 2019 requiring the Labour Court to take into consideration the period of engagement of the writ petitioner at different departments. The award was set aside on the ground that, documents were sought to be disclosed in the writ petition for the first time. Labour Court was requested to take up the reference afresh and dispose of the same expeditiously. An appeal was carried therefrom by the writ petitioner herein being MA/003 /2020. Such appeal was disposed of by an order

dated January 09, 2020 where, the Appeal Court set aside the impugned award relating to damages.

The Appeal Court affirmed the part of the order declaring the termination of service of the writ petitioner as wrongful. Labour Court was required to determine the measures of damages and assess the same in lumpsum and not in the shape of monthly payments. Additional evidences were permitted to be adduced, and if so adduced, be taken into consideration by the Labour Court in accordance with law.

On remand, the Labour Court dealt with the reference. No additional evidence was introduced despite the direction of the High Court with regard limits. Labour Court passed the impugned award limiting the compensation receivable by the writ petitioner till December 31, 2011 that is, till which the writ petitioner was working. Labour Court failed to take into consideration the compensation receivable by the writ petitioner due to wrongful termination of the services till the date of award. In such circumstances, the impugned award is modified to the extent of compensation receivable. Applying the same calculation of the wages @ Rs.130/- per day for 15 days for 14 years. The quantum would be of Rs.27,300/- (1950x130x15x14). Other portion of the impugned order will remain the same. Interest benefit will also be obtained from the date of the impugned award @ 6%, as awarded.

With the aforesaid direction, WPA/114/2022 is disposed of without any order as to costs.

( Debangsu Basak, J. )