HARYANA ROADWAYS Vs. SH. RAMESH KUMAR

JUDGEMENT

(1.) BY way of this petition filed under Art.226 of the Constitution of India the petitioner seeks to challenge the impugned award dated 2.12.1999 whereby directions were given to the petitioner to reinstate the respondent into service with continuity of service with 50% back wages.

(2.) BRIEF facts relevant for deciding the present petition are as under:

(3.) REFUTING the said submission of the counsel for the petitioner, counsel for the respondent submits that simply because the respondent had been doing some agriculture work in his village cannot come in his way so as to deny him the benefit of back wages. Counsel further submits that already the court has taken the said fact into consideration and had awarded only 50% back wages. Counsel further submits that there was no delay on his part to raise the dispute against his termination as earlier the respondent had filed a writ petition against his termination but the same was dismissed as withdrawn with the liberty to the respondent to raise an industrial dispute. Counsel thus submits that respondent has always been diligent to seek his remedy against the illegal action of the petitioner.