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2013 (2) TMI 101 - SUPREME COURTAward of reinstatement - termination of services quashed - appellant was engaged as daily coolie in Construction Department of the Corporation some time in 1989 and his services were terminated after two years in 1991 - Appellant contended that the courts below have erred in holding that the Labour Court ought not to have passed an award of reinstatement in a case where the appellants approached for conciliation about 8-10 years of the termination - Held that:- It is submitted that while making the aforesaid observation the courts below failed to appreciate that the appellants were continuously making representation to the Respondent- Corporation and only on the basis of the assurance given by the Respondent Corporation the appellant had not taken any steps to enforce their right through the process of the court. In view of the concurrent finding recorded by both the learned Single Judge and Division Bench in appeal that the appellants were temporarily appointed on daily wages as and when work was available and they were not posted on regular basis against sanctioned post, thus no reason is find any reason and justification to interfere with the orders passed by the two courts. However, the direction for payment of Rs.10,000/- each to the appellants will not compensate the appellants. Hence, the appellants who approached for the conciliation after 8 to 10 years from the date of termination are entitled to a sum of Rs.50,000/- each whereas one of the appellants namely Rajkumar Rohitlal who has approached the Conciliation Officer within 2 to 3 years shall be entitled to get a sum of Rs. 1,00,000/-.
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