KANTHRAJ A N Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE petitioner had been working with the first respondent on daily wages since November 1, 1992. He was retrenched from service on April 1, 1994. He raised an industrial dispute in that regard contending that the retrenchment was illegal. That dispute was referred to the Labour court, Chikmagalur, by the order of the State Government dated February 16, 1995 under section 10 (1) (c) of the Industrial Disputes Act, 1947 ('act' for short ). On adjudicating the said industrial dispute, Labour Court, Chikmagalur, by its award dated January 3, 1996 at annexure-A, held the retrenchment as illegal and directed the first respondent employer to reinstate the petitioner into service with continuity of service but without back wages. The operative portion of the award reads thus:

(2.) THE award concerned was published on March 3, 1996. First respondent employer, being an officer of the State Government, appears to have moved the State Government with regard to the said award. It is on December 6, 1996 that the impugned order at Annexure-C came to be passed by the State Government in respect of implementation of the said award. Petitioner, in pursuance of the said Annexure-C, reported for duty on December 16, 1996.

(3.) THE workman accepted the award in so far as it denied full back wages to him. Employer also accepted the award in so far as it directed reinstatement with the benefit of continuity of service. That is how the award came to be implemented after both the parties accepted its finality.