STATE BANK OF INDIA Vs. RAM CHANDRA DUBEY

JUDGEMENT

(1.) The Central Government made a reference by an order made on 21-6-1985 under Section 10 of the Industrial Disputes Act, 1947 (hereinafter refered to as 'the Act') for adjudication of the following question:

(2.) The case put forth by the workmen is that they were appointed between 25-5-1961 to 19-1-1962 for a period of two months and continued further from time to time. They alleged that their services were terminated on 16-8-1969. The Tribunal passed an award that the workmen are entitled to be reinstated in service with effect from 16-8-1969. The award was, however, silent in regard to payment of back wages for a period between the date of termination of the workmen and their reinstatement. Challenging the said award, a writ petition (No. 9901/87) was filed by the appellant before the High Court. That petition was, however, dismissed. During the course of hearing in that petition, a contention was raised on behalf of the workmen that they are entitled to back wages which was refuted by the appellant. The High Court did not go into this question inasmuch as in that petition there was no challenge to the award on that ground. The High Court felt that inasmuch as workmen are working for the last nine years on their posts by the time the case was taken up for hearing, it is not a fit case for interference under Article 226 of the Constitution and dismissed the petition.

(3.) On disposal of the writ petition an application is filed by the workmen before the Central Government Industrial Tribunal-cum-Labour Court under Section 33C(2) of the Act, against the appellant for computation of the back wages on the basis of the award and subsequent order by the High Court. The Tribunal-cum-Labour Court by an order made on 19-11-1998 allowed the application and computed the amounts payable to the workmen by way of back wages. Against that order, a writ petition (No. 8076/99) was preferred before the High Court.