HARI MOHAN RASTOGI Vs. LABOUR COURT

JUDGEMENT

(1.) We heard Mr. A. P. Mohanty, learned counsel for the appellant and Mr. S. Markandeya, learned counsel for respondents.

(2.) In view of the decision of this Court in Mohan Lal v. Management of M/s. Bharat Electronics Ltd. dated April 21, 1981 reported in (1981) 3 SCR 518 : (AIR 1981 SC 1253), the termination of service of the appellant by respondent U. P. State Electricity Board, Lucknow on and from December 31, 1967 will constitute retrenchment and prerequisite for a valid order of retrenchment being absent has to be treated as invalid and inoperative. The appellant will continue to be in service as Town-in charge continuously without interruption and any break from the date of ineffective termination of service.

(3.) Now that the appellant continues to be in service as town-in-charge, he will be entitled to arrears of salary and other benefits which can be computed in terms of money. One peculiar feature of this case is that the appellant was re-employed afresh as Sub-Station Assistant on December 4, 1968 and was confirmed in that post. While rendering his service as Sub-Station Assistant he was in receipt of monthly salary. Therefore. while working out the monetary benefit with regard to the arrears of back-wages and other monetary benefits, credit will have to be given for what the appellant has received as and by way of salary and all other allowances.