w w w . L a w y e r S e r v i c e s . i n



Mahesh Kumar Sharma v/s The Principal, Vidya Niketan Birla Public School, Pilani District Jhunjhunu & Others


Company & Directors' Information:- SHARMA AND SHARMA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276949

Company & Directors' Information:- SHARMA & CO. PVT LTD. [Strike Off] CIN = U28991WB1949PTC018064

    Special Appeal Writ No. 1628 of 2019

    Decided On, 06 February 2020

    At, High Court of Rajasthan Jaipur Bench

    By, THE HONOURABLE MR. JUSTICE SANGEET LODHA & THE HONOURABLE MR. JUSTICE MAHENDAR KUMAR GOYAL

    For the Appellant:- Mr. Tapeshwar Pal Singh Parmar, Advocate. For the Respondents: -------



Judgment Text


Sangeet Lodha, J.

1. This intra court appeal is directed against order dated 22.7.19 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant against the award dated 29.7.11 passed by the Labour Court awarding compensation a sum of Rs. 1,00,000/- in lieu of reinstatement in service, has been dismissed.

2. The appeal is reported to be barred by limitation for 69 days. It is accompanied by an application under Section 5 of the Limitation Act. The explanation furnished for delay in filing the appeal is not plausible and acceptable and therefore, the application deserves to be rejected. However, in the interest of justice, we have examined the matter on merits as well.

3. Precisely, it was contended on behalf of the appellant before the learned Single Judge that the compensation awarded by the Labour Court in lieu of reinstatement is in the lower side which deserves to be enhanced to at least Rs. 3,00,000/-.

4. The learned Single Judge has dismissed the petition observing that the appellant had worked with the respondent only for a period of 1 years and thus, the compensation awarded is appropriate and does not call for any interference.

5. Learned counsel appearing for the appellant contended that in the matter of Secretary, Rajasthan State Agriculture Marketing Board, Rajasthan v. Ram Swaroop (D.B.Special Appeal Writ No.15/18) decided by a Bench of this Court vide order dated 5.9.18, the lump sum compensation of Rs. 3,00,000/- was awarded in lieu of reinstatement in service and full and final settlement of the claim and thus, in the instant case, the compensation awarded by the Labour Court being too meagre deserves to be enhanced by this Court.

6. It is well settled that while determining the issue regarding reinstatement in service, the Industrial Tribunal/Labour Court is required to exercise the discretion vested in it judicially and the relevant factors therefor such as nature of appointment, the period of appointment, the availability of job etc. should weigh with the court for determination of such issue.

7. In the instant case, where the appellant was employed as Labourer in the Department of Public Works as daily wages employee and not against the regular post in the cadre and had worked only for the period from 1st July, 1999 to April, 2000. The dispute was raised after a lapse of 3 years. In this view of the matter, the discretion exercised by the Labour Court in awarding compensation to the appellant a sum of Rs. 1,00,000/- in lieu of reinstatement appears to be just and proper.

8. In Ram Swaroop's case (supra) relied upon by the appellant, the workman was appointed on regular basis and not as a daily wages employee. In any case, no hard and fast rule can be laid down for determination of compensation in lieu of reinstatem

Please Login To View The Full Judgment!

ent. The award of compensation has to be determined keeping in view the facts and circumstances of each case. Thus, in our considered opinion, the learned Single Judge has committed no error in declining to interfere with the award passed by the Labour Court. 9. The intra court appeal is accordingly dismissed.
O R







Judgements of Similar Parties

23-06-2020 Bharat Sanchar Nigam Ltd., Through The General Manager & Another Versus Narendra Kumar Sharma National Consumer Disputes Redressal Commission NCDRC
22-06-2020 Ashok Sharma Versus State of Assam & Another High Court of Gauhati
15-06-2020 Rajan Sharma & Another Versus Union of India & Another Supreme Court of India
02-06-2020 Prateek Sharma & Another Versus Union of India & Another High Court of Delhi
30-05-2020 Kshitiz Sharma Versus The State of Rajasthan, Through Additional Chief Secretary, Finance Department, Government of Rajasthan, Jaipur & Others High Court of Rajasthan Jaipur Bench
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
06-05-2020 Kamla Sharma Versus North Delhi Municipal Corporation High Court of Delhi
29-04-2020 Anurag Sarmah @ Sharma Versus State of Assam & Another High Court of Gauhati
20-04-2020 Dr. Mahesh Sharma & Another Versus Cabinet Secretary, Govt. of India, Cabinet Secretariat, New Delhi & Others High Court of Rajasthan
15-04-2020 Sanjeev Sharma Versus State (N.C.T. of Delhi) High Court of Delhi
13-04-2020 Mamta Sharma & Another Versus State of Chhattisgarh Through The Chief Secretary, Chhattisgarh & Others High Court of Chhattisgarh
08-04-2020 C.H. Sharma & Another Versus State of Maharashtra & Others In the High Court of Bombay at Nagpur
30-03-2020 Prashant Sharma Versus State of Sikkim & Others High Court of Sikkim
20-03-2020 Anju Sharma Versus Sunita Kumari & Others High Court of Jammu and Kashmir
18-03-2020 Shambhu Prasad Sharma Advocate Versus Renu Jogi High Court of Chhattisgarh
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Saurav Sharma Versus State of HP & Others High Court of Himachal Pradesh
17-03-2020 Aashu Pandit @ Aashu Bajpai @ Aash Narayan Sharma Versus Union of India High Court Of Judicature At Allahabad Lucknow Bench
13-03-2020 Unnati Bhardwaj & Another Versus K.P. Sharma High Court of Delhi
11-03-2020 Ajay Sharma & Others Versus Kulwant Singh High Court of Delhi
05-03-2020 Sancha Bahadur Subba Versus Ramesh Sharma High Court of Sikkim
04-03-2020 Ashok Kumar Sharma Versus Nirmaldas Manikpuri High Court of Chhattisgarh
04-03-2020 Amitabh Versus Amit Rghunandan Saran Sharma & Another In the High Court of Bombay at Nagpur
28-02-2020 Dilip Kumar Sharma Versus State of Chhattisgarh High Court of Chhattisgarh
25-02-2020 Mahesh Kumar Sharma Versus The Commissioner, Kendriya Vidyalaya Sangathan, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
24-02-2020 Sarwan Kumar Sharma Versus Ranjana Sharma @ Ranjana Rani & Another High Court of Delhi
19-02-2020 Bhupendra Sharma & Others Versus Union of India, Represented By The Secretary Ministry of Defence, New Delhi & Others High Court of Kerala
18-02-2020 ICICI Bank Ltd., Rajashtan & Others Versus Ravindra Kumar Sharma & Others National Consumer Disputes Redressal Commission NCDRC
18-02-2020 M/s. Reliance General Insurance Company Versus Rakesh Sharma & Others Delhi State Consumer Disputes Redressal Commission New Delhi
17-02-2020 Ram Prakash Sharma Versus State of Bihar High Court of Judicature at Patna
14-02-2020 Vinay Sharma Versus Union of India & Others Supreme Court of India
13-02-2020 Harinarayan Sharma Versus Vijay Kumar Soni National Consumer Disputes Redressal Commission NCDRC
12-02-2020 Umesh Chand Sharma & Others Versus Parsvnath Developers Limited National Consumer Disputes Redressal Commission NCDRC
12-02-2020 Praveen Kumar Sharma Versus State of U.P. through its Principal Secretary (Home), Secretariat, Lucknow, U.P. & Others High Court of Judicature at Allahabad
11-02-2020 Shashibala M. Sharma Versus ICICI Bank Ltd. National Consumer Disputes Redressal Commission NCDRC
10-02-2020 Brahmacharimayum Achou Sharma & Others Versus The State of Manipur through the Chief Secretary-cum-Secretary (Power), Govt. of Manipur & Others High Court of Manipur
10-02-2020 Mukulika Sharma & Others Versus The State of Rajasthan, Through Secretary, Secondary Education, Govt. of Rajasthan, Secretariat, Jaipur. & Others High Court of Rajasthan Jaipur Bench
06-02-2020 Vipin Sharma Versus Securities and Exchange Board of India, SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
06-02-2020 Kanwar Pal Sharma Versus State (NCT of Delhi) High Court of Delhi
06-02-2020 Nitin Sharma Versus State (Govt. of Nct of Delhi) High Court of Delhi
05-02-2020 Union of India & Another Versus Vinay Sharma & Others High Court of Delhi
04-02-2020 Shubhash Kumar Sharma Versus Harish Chander Rawal National Consumer Disputes Redressal Commission NCDRC
03-02-2020 Puroshattam Sharma Versus Executive Engineer, Gwalior North M.P. Madhya Kshetra Vidyut Vitran Co. Ltd. & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
03-02-2020 Axis Bank Limited V/S Ravindra Kumar Sharma and Others. Debts Recovery Tribunal Delhi
30-01-2020 Veena Rani & Others Versus Purshottam Dass Sharma & Others High Court of Delhi
29-01-2020 Shivam Sharma Versus Union of India & Others High Court of Punjab and Haryana
27-01-2020 M/s. CNA Exports (P) Ltd. Versus Mansi Sharma & Others High Court of Delhi
27-01-2020 Omaxe Chandigarh Extension Developers Pvt. Ltd., Mullanpur & Another Versus Sheshpal Sharma & Another National Consumer Disputes Redressal Commission NCDRC
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 Deepak Sharma Versus Jabalpur Development Authority & Another High Court of Madhya Pradesh
22-01-2020 M/s United India Insurance Company Limited, Tadepallygudem Versus V. Narahari Sharma & Another High Court of for the State of Telangana
16-01-2020 Rajasthan State Road Transport Corp. Managing Director & Another Versus Ramesh Kumar Sharma Supreme Court of India
15-01-2020 New Delhi Municipal Council Versus Vijay Kumar Sharma High Court of Delhi
14-01-2020 Sonia Sharma Versus State of Jammu & Kashmir & Others High Court of Jammu and Kashmir
14-01-2020 Vinay Sharma Versus The State of N.C.T. of Delhi Supreme Court of India
10-01-2020 Goutam Buddha Agrawal Versus Satyanarayan Sharma & Others High Court of Chhattisgarh
08-01-2020 Badri Narayan Sharma V/S Commissioner of Customs, Central Excise & Service Tax, Jaipur Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi
08-01-2020 Badri Narayan Sharma Versus Commissioner of Customs, Central Excise & Service Tax, Jaipur Customs Excise amp Service Tax Appellate Tribunal Principal Bench New Delhi
07-01-2020 J.S. Sharma & Sons Versus Shiv Devi Meena High Court of Delhi
02-01-2020 Mithun Kumar Sharma Versus Mamta Sharma High Court of Rajasthan Jaipur Bench
23-12-2019 BPTP Ltd., Through its Managing Director, New Delhi Versus Pradeep Sharma & Others National Consumer Disputes Redressal Commission NCDRC
19-12-2019 Indrakumar Sharma Versus The State of Karnataka, Represented by State Public Prosecutor High Court of Karnataka
18-12-2019 Ambika Jain & Others Versus Ram Prakash Sharma & Others High Court of Delhi
17-12-2019 Raj Kumari & Others Versus Surinder Pal Sharma Supreme Court of India
16-12-2019 Savita Sharma & Others Versus Master Abeer Singh & Others High Court of Himachal Pradesh
16-12-2019 Abhey Kumar Sharma & Another Versus Ansal Hi-Tech Townships Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
13-12-2019 M/s. State Bank of Mysore, (Now State Bank of India), Sharad Sharma, (Retd.) Managing Director & Others Versus P. Mukundan & Others High Court of Karnataka
13-12-2019 Vishnu Kant Sharma Versus Chief Election Commissioner & Others High Court of Madhya Pradesh Bench at Gwailor
09-12-2019 Bharati Sharma Versus The State & Others High Court of Delhi
09-12-2019 State of H.P. & Another Versus P. C. Sharma High Court of Himachal Pradesh
06-12-2019 Arun Vats Versus Pallavi Sharma & Another High Court of Delhi
05-12-2019 Bses Yamuna Power Ltd. Versus Ghanshyam Chand Sharma & Another Supreme Court of India
05-12-2019 M/s. C.E.S.C. Ltd. & Others Versus Vidya Bhusan Sharma West Bengal State Consumer Disputes Redressal Commission Kolkata
04-12-2019 Divisional Manager, LIC of India Versus Renuka Sharma High Court of Delhi
03-12-2019 Meena Sharma Versus State of Jammu & Kashmir & Others Supreme Court of India
03-12-2019 Santosh Sharma Versus Vishnu Maheswari & Others Supreme Court of India
27-11-2019 Vikash Kumar Sharma Versus State High Court of Delhi
19-11-2019 P.K. Sharma @ Purshotam Kumar Sharma Versus NBCC (India) Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
19-11-2019 Sharma Ayurved Private Limited Versus B.N. Sharma Ayurved Private Limited High Court of Judicature at Calcutta
08-11-2019 U.C. Sharma Versus Union of India & Another High Court of Delhi
08-11-2019 Nalini Sharma Versus Honble Lt. Governor & Others High Court of Delhi
05-11-2019 Bansidhar Sharma (Since Deceased), Rep by his Legal Representative Versus The State of Rajasthan & Others Supreme Court of India
01-11-2019 Madhya Pradesh Purva Kshetra Vidyut Vitran Co. Ltd. Versus K.K. Sharma & Others High Court of Madhya Pradesh
21-10-2019 Rajiv Kumar Sharma & Another Versus State of Uttar Pradesh & Another Supreme Court of India
17-10-2019 Dara Estates Pvt. Ltd. & Others Versus Himanshu Sharma National Consumer Disputes Redressal Commission NCDRC
16-10-2019 L.V. Subrahmanya Sharma Versus The State of Telangana High Court of for the State of Telangana
16-10-2019 Ziaullah Versus Reghu Vansh Mani Sharma High Court of Delhi
15-10-2019 Rajasthan Housing Board & Another Versus Gururaj Prasad Sharma National Consumer Disputes Redressal Commission NCDRC
14-10-2019 Ravikant Sharma Versus Emerging Valley Private Limited & Another Union Territory Consumer Disputes Redressal Commission UT Chandigarh
14-10-2019 Ram Lakhan Sharma Versus The State of NCT of Delhi & Another High Court of Delhi
01-10-2019 Oriental Bank of Commerce & Others Versus Janak Raj Sharma Supreme Court of India
30-09-2019 State of Sikkim Versus Sashidhar Sharma High Court of Sikkim
25-09-2019 Mahesh Sharma Versus Maskara Tea Estate High Court of Gauhati
24-09-2019 Suresh Sharma Versus State of J&K High Court of Jammu and Kashmir
18-09-2019 Manoj Sharma Versus Ahatesham Ahemad & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Vandana Sharma Versus Dwarka Court Bar Associates & Others High Court of Delhi
17-09-2019 Vinod Kumar Sharma Versus Yes Securities (India) Limited High Court of Judicature at Bombay
16-09-2019 Rohit Sharma Versus State of NCT of Delhi High Court of Delhi
16-09-2019 Bank of Baroda Through its Assistant General Manager Prem Narayan Sharma Versus State of Gujarat & Others High Court of Gujarat At Ahmedabad
06-09-2019 Kamal Kishore Sharma Versus State of Madhya Pradesh Through Police Station State Economic Offence High Court of Madhya Pradesh Bench at Gwailor


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box