ANANTH AWDHANI Vs. SUN PHARMACEUTICALS INDUSTRIES LTD

JUDGEMENT

(1.) In this writ appeal, the appellant is questioning the correctness of the impugned order dated 05-06-2007 passed by the Learned Single .Judge in W.P. No. 9408/2005. By the impugned order while confirming the order dated 12-03-2004 passed by the Labour Court Gulbarga in KID No. 138/1995 in respect of reinstatement with continuity of service, the Learned Single Judge set aside the order passed by the Labour Court in so far as it relates to payment of back wages.

(2.) The brief facts of the case giving rise to the present appeal is that, the appellant joined the establishment of the respondent as 'Medical Representative' in the year 1988 and worked till 08-04-1995 at Gulbarga branch and subsequently, he has been transferred to Mumbai branch and he was directed to report for duty on 20-04-1995. The request of appellant for cancellation of his transfer was turned down by the respondent and thereafter, the appellant applied leave from 02-05-1995. Based on the proved charge of misconduct (remaining absent from service un-authorisedly), by the order dated 22-07-1995, the services of the appellant came to be terminated and the said order of termination came to be challenged by him before the Labour Court in KID No. 138/1995. The Labour Court on evaluation of the oral and documentary evidence adduced by the respective parties, allowed the dispute in part and directed the respondent-management to reinstate the appellant into service with continuity of service and with full back wages. Challenging the said order, the management has preferred writ petition No. 9408/2005 before this Court. The Learned Single Judge, by me order impugned as stated above, while confirming the order of reinstatement with continuity of service, set aside the order of the Labour Court only in so far as it relates to payment of back wages. Being not satisfied with the denial of back wages, the workman felt necessitated to file the present appeal.

(3.) We have heard the Learned Counsel on both sides and perused the material on record.