RAJ KISHAN Vs. LABOUR COURT

JUDGEMENT

(1.) THE petitioner was an employee with respondent No. 2. He was suspended on October 16,1985, with effect from October 17, 1985. His services were terminated on March 19, 1986. An industrial dispute raised by the petitioner was referred for adjudication to the Labour Court as to whether the petitioner abandoned his job on his own or his services have been terminated illegally and/or unjustifiably by the management. If so, to what relief is he entitled and what directions are necessary in this respect.

(2.) BY award dated January 28,1994, the petitioner was directed to be reinstated in the service with continuity of service but without back-wages for the intervening period. Regarding the back-wages, the Labour Court has recorded that the petitioner has not spoken even a single word to prove that he remained unemployed after the termination of the service by the management. According to the award, there is not an iota of any evidence to suggest that the petitioner remained unemployed during the period of his forced unemployment. The challenge in this petition is to the award to the extent of denial of back-wages to the petitioner. The contention is that the award is contrary to the record for that there was unrebutted evidence on record proving that the petitioner remained unemployed during the intervening period. Our attention has been drawn to the affidavit dated January 25, 1993, of the petitioner filed before the Labour court, inter alia, stating that he remained unemployed since October 17, 1985, till date. The management, it seems, has not filed any reply-affidavit or any evidence whatsoever to controvert the claim of the petitioner that he remained unemployed since October 17,1985. In this view of the matter, the award to the extent it denies back-wages to the petitioner cannot be sustained.

(3.) THE award is, accordingly, modified and it is held that the petitioner will be entitled to back-wages for the intervening period from the date of the termination till reinstatement. The petition is thus allowed and the rule is made absolute in the above terms leaving the parties to bear their own costs. The record of the Labour court, be sent back forthwith. Petition Allowed.