LAWS(GJH)-2010-7-348

ANAND AGRICULTURAL UNIVERSITY Vs. SURAJBEN BABUBHAI SODHA PARMAR

Decided On July 22, 2010
ANAND AGRICULTURAL UNIVERSITY THROUGH REGISTRAR Appellant
V/S
SURAJBEN BABUBHAI SODHA PARMAR Respondents

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 29th June 2004 passed by the Labour Court, Anand in Reference (LCA) No.92 of 1995 whereby the Labour Court has directed the petitioner to reinstate the respondent on her original post with continuity of service with 50% back wages.

(2.) It is stated that the petitioner has already reinstated the respondent and she has also attained the age of superannuation. In that view of the matter the only question which requires to be considered is with regard to back wages.

(3.) It is by now well settled law that when a person has not actually worked on a post, back wages should not normally be granted. In that case I am of the view that this is not a fit case where the back wages are required to be granted.