SURESH Vs. M C D

JUDGEMENT

(1.) The only issue raised in this case by learned counsel for the Petitioner is that even though reinstatement has been ordered by the impugned Award dated 3rd January, 2000, back wages have not been awarded by the learned Labour Court.

(2.) The reason for not awarding back wages is mentioned in para 11 of the Award which reads as follows:-

(3.) The Petitioner had filed an affidavit before the learned Labour Court on 22nd July, .1993 in which he had categorically stated in paragraph 16 that the deponent (the Petitioner) was unemployed since 15th November, 1988. In his cross-examination which was conducted on 15th February, 1994 no question was asked about his unemployment except a suggestion given at the end of the cross-examination that the Petitioner was gainfully employed elsewhere. The suggestion was denied by the Petitioner.