STATE OF GUJARAT Vs. GIRDHARLAL B PANDYA

JUDGEMENT

(1.) The petitioner has prayed to quash and set aside the judgement and award dated 27th July 1995 passed by the Presiding Officer, Jamnagar in Reference (LCJ)(New) No.265/90/Reference (LCJ)(Old)527/85 whereby the petitioner was directed to reinstate the respondent no.1 along with 50% back wages.

(2.) According to the respondent workman he had been engaged as a Chokidar by the petitioner on a monthly salary of Rs.343/- and his services came to be terminated by order dated 6.8.1984 without any cause or reason. He, the reforeraised a dispute which was referred to Labour Court and the Labour Court passed the aforesaid order.

(3.) Heard the learned Advocate for the petitioner and none appears for the respondents. As a result of hearing and perusal of the record, it is found that no case is made out to cause interference in the order of resintatement. However, as regards the back wages is concerned, it is by now well settled that no work, no pay. In any case,even the finding of the Tribunal is that as per the oral evidence of the respondent workman he had not got a job nor he tried to get the same. The Tribunal has granted back wages to the extent of 50%, when the respondent workman has not worked for the period in question.