Point of Law : When the appellants could not produce any material in their favour, either before the Labour Court or before the Learned Single Judge, they are not entitled to any compensation at all, more particularly when the dispute was raised after more than 10 years after the termination of the present appellants.

ORDER :

NIRZAR S. DESAI, J.

1. By way of this group of Letters Patent Appeals, the appellants herein – original petitioners have challenged the order dated 12.02.2018 passed in the respective petitions filed by them, whereby while disposing of the petitions, the learned Single Jude was pleased to issue direction that the appellants – original petitioners be paid sum of Rs.45,000/- by the present respondent towards lump-sum compensation in lieu of reinstatement.

1.1 Since the facts as well as the issues involved in all these appeals are identical, all these four appeals are heard together and are being decided together, by this common judgment and order.

2. Learned advocate Mr.Prabhakar Upadhyay as well as learned Assistant Government Pleader Ms.Megha Chitaliya both have consented for taking up all four matters together and to hear and decide it finally and hence all these appeals are heard and decided finally.

3. On 26.8.2021, this Court passed the following order.

“Heard Mr.Prabhakar Upadhyay, learned advocate for the appellants and Ms.Megha Chitaliya, learned AGP for the respondents.

Considering the issue involved in these appeals as regards quantum of lumsum compensation, Mr.Prabhakar Upadhyay, learned advocate for the appellants prayed that the matter be taken up for final disposal. Mr.Upadhyay has also argued only on the aspect of enhancement on the quantum of lumsum compensation.

Heard for final disposal. For orders.”

3.1 As can be seen from the aforesaid order, since learned advocate Mr.Upadhyay has confined these appeals only to the extent of enhancement of the amount of lumpsum compensation, the matters are heard and decided keeping in mind this limited aspect only.

3.2 For the purpose of deciding this group of appeals, Letters Patent Appeal No.614 of 2021 is treated as a lead matter and facts of Letters Patent Appeal No.614 of 2021 are considered for adjudicating the issue on hand.

4. Brief fact giving rise to the filing of present Letters Patent Appeal is stated as under:

4.1 It is the case of the petitioner of Special Civil Application No.4486 of 2015 that he was appointed as Labourer in September, 1987 by the present respondent and from September, 1987 till 31.03.1998 he worked regularly and continuously with the respondent till his services were terminated orally and illegally by the respondent, without following due procedure of law as well as without complying with the principles of natural justice. At the time when his services were terminated, he was paid sum of Rs.61.90 per day towards daily wages. After the termination of the present appellant in the year 1998, after delay of 10 years he raised industrial dispute which culminated into Reference (LCP) No.12 of 2009 whereby he prayed for reinstatement with back-wages.

4.2 The Labour Court, Palanpur, after considering the material on record and evidence adduced by the respective parties, on appreciation of material on record as well as the evidence, rejected the Reference of the present appellant vide award dated 22.09.2014. While rejecting the Reference preferred by the present appellant, the learned Labour Judge, Palanpur arrived at a specific finding that the present appellant did not work for more than 240 days in each year from the year 1988 to 1997. Not only that, except for once, in no other year the present appellant worked for 240 days under the respondent and in a year preceding the termination of the present appellant also the appellant did not work for 240 days. The Labour Court also arrived at conclusion that there is no breach of Section 25F of the Industrial Disputes Act, 1947 (‘ID Act’, for short) and ultimately rejected the Reference of the present appellant.

4.3 The appellant challenged the said award dated 22.09.2014 passed by the learned Presiding Officer, Labour Court, Palanpur in Reference (LCB) No.12 of 2009 by filing Special Civil Application No.4486 of 2015. The said writ petition was heard by the learned Single Judge and while passing the order dat