M P STATE ELECTRICITY BOARD Vs. JARINA BEE

JUDGEMENT

(1.) Leave granted.

(2.) The primal issue involved in this appeal is whether award of full back wages is the natural consequence when an order of dismissal is set aside. The High Court of Madhya Pradesh at Jabalpur held it to be so, and that is why the Madhya Pradesh State Electricity Board (hereinafter referred to as the Board) filed this appeal.

(3.) Factual background which is almost undisputed is as follows :- One Habib Khan (hereinafter referred to as the employee) husband of respondent Smt. Jarina Bee, was employed as a Line Attendant, Grade-II in the Board. On the allegation that he was responsible for theft of large quantity of aluminium wire, criminal case was lodged and departmental proceedings were initiated. In the departmental inquiry he was found guilty and was removed from service on 20-1-1996. Such removal was challenged by him before the Labour Court-I, Bhopal. The said Court held that since departmental inquiry was not conducted in accordance with the principles of natural justice, the dismissal was bad. Direction was given for reinstatement of employee by granting opportunity to the Board to prove his misconduct. While directing reinstatement, it was held that he was not entitled to any back wages. Both the Board and the employee preferred appeals before the Industrial Court, Bench at Bhopal. By order dated 11-2-2002, the Industrial Court allowed the appeal filed by the employee, while dismissing the one filed by the Board. It was held that when an order of dismissal was set aside, entitlement for full back wages was automatic.