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Judgment
K.S. Jhaveri, J.—By way of this petition, the petitioner has challenged the judgment and award dated 26.07.2005 passed by Labour Court,
Ahmedabad, in Reference (LCA) No. 2042 of 1991 whereby the Labour Court has granted 70% backwages with all consequential benefits. The
facts of the case, in brief are that the respondent herein (workman) was working as a daily wager as and when casual/temporary work was
available during the season only. On 11.03.1991, the services of workman was terminated. Therefore, respondent workman raised industrial
disputes by filing Reference before the Labour court and Labour Court granted 70% backwages. Hence, the present petition filed by the
petitioner.
Learned counsel for the petitioner has submitted that in view of the order, Section 17-B of I.D. Act, was regularly paid but in view of liquidation
order, it will not be possible to reinstate the respondent. I have heard learned counsels for the parties and material placed on record. In my view,
the end of justice will meet if the respondent will be paid lump sump compensation of 4 0 months salary on the basis of daily minimum wage for the
cadre in which he was working multiplied by 25 days. The amount will be paid within three months from today. If the said amount is not paid on or
before 30.04.2013, the respondent-workman will be entitled for interest @ 12%. With above directions, the present petition stands disposed of.
The order of Labour court is modified to above extent. No order as to costs. Rule is made absolute.