MUNICIPAL CORPORATION FARIDABAD Vs. DURGA PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the present appellant. Challenge in the writ petition was to the order passed by the Presiding Officer, Labour Court 1, Faridabad.

(3.) Background facts in a nutshell are as follows : Respondent claiming to have been appointed by the appellant as a baildar in December, 1991 alleged that while working with the appellant, had met with an accident and FIR was lodged. Respondent could not attend the duties and the reasons for the absence were within the knowledge of the management of the appellant. The management was also requested to provide for reimbursement of medical aid to the claimant who was admitted in the hospital and continuously long thereafter. The accident in question occurred on 21.8.1992. Accordingly a claim petition was filed. The prayers made in the claim petition were resisted by the present appellant. It was stated that as per official records respondent had only worked for 179 days. The Labour Court did not accept the plea and held that respondent had worked for more than 240 days. The award was challenged before the High Court. However, the High Court dismissed the writ petition holding that the services have been illegally terminated and therefore the respondent was entitled to full back wages. It was held that back wages is the normal rule and party objecting to it must establish the circumstances necessitating departure. The High Court placed reliance on a Full Bench decision of Punjab and Haryana High Court in Hari Palace, Ambala City vs. The Presiding Officer, Labour Court and Anr. (Punjab Law Report, Vol. LXXXI - 1979, 720).