Om Pal Singh v. L.I.C. of India & Ors.

1. The petitioner has challenged the award of the Industrial Tribunal whereby his statement of claim has been dismissed.

2. The petitioner was engaged by the respondent as peon on 16th December, 1996 for 85 days. However, he continued to work thereafter. According to the petitioner, he continuously worked for 280 days whereas according to the respondent, he worked less than 240 days. The petitioner claimed regularization on 28th January, 1998 whereupon the respondent dispensed with his services w.e.f. 04th February, 1998.

3. The petitioner raised an industrial dispute seeking regularization 2019:DHC:4108 W.P.(C) 4913/2015 which was rejected.

4. Learned counsel for the respondent submits that the petitioner filed writ petition bearing W.P.(C) 5427/1999 which was dismissed on 03rd November, 1999.

5. Learned counsel for the petitioner submits that the petitioner completed more than 240 days of service and is entitled to reinstatement with back wages.

6. This Court is of the view that the petitioner is not entitled to reinstatement or back wages. However, the petitioner is entitled to reasonable compensation. This Court is of the view that the compensation of Rs.[1] lakh to petitioner is fair and reasonable.

7. The petitioner present in Court along with the counsel accepts the compensation of Rs.[1] lakh in full and final settlement.

8. The writ petition is allowed and the respondent is directed to pay compensation of Rs.[1] lakh to the petitioner within four weeks from today. The petitioner shall furnish the particulars of his bank account to the counsel for the respondent within one week and the respondent is directed to transfer the amount by RTGS to the petitioner’s account.

9. List for reporting compliance before the Joint Registrar on 25th September, 2019.

10. Copy of this order be given dasti to counsel for the parties under the signature of the Court Master. J.R. MIDHA, J. AUGUST 21, 2019 dk