DEVA NAND SHAH Vs. A V I PLAST

JUDGEMENT

(1.) THE writ petition impugns the award dated 17 th December, 2007 of the Industrial Adjudicator on the following reference:

(2.) THE grievance of the petitioner workman in the writ petition is that upon the termination having been found to be illegal, the relief of reinstatement with full back wages ought to have been granted. THE counsel for the petitioner workman has argued that even if compensation were to be awarded, it should have been proportionate to the long time of six years for which the reference remained pending and the long time of about seven years from the date of the termination till the date of the award.

(3.) I am of the opinion that the discretion exercised by the Industrial Adjudicator in this regard as to the relief, cannot be interfered with in exercise of powers of judicial review unless found to be perverse or unreasonable considering the facts or being arbitrary. None of the said criteria is found in the present case.