ANAND AGRICULTURAL UNIVERSITY Vs. KANTILAL JINABHAI TALPADA

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India the petitioner-Anand Agricultural University has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 10/11/2003 passed by the learned Presiding Officer, Labour Court, Anand in Reference (L.C.A) No. 353/1992 (Old Case No. 451/1987) by which the Labour Court has partly allowed the Reference directing the petitioner to reinstate the respondent with 50% back wages with continuity of service.

(2.) Shri D.G. Chauhan, learned advocate appearing on behalf of the petitioner has fairly submitted that as such the respondent is already reinstated in service pursuant to the earlier interim order passed by this Court and he is working since 2004, and, therefore, the only question now, which is required to be considered in the present petition, is with respect to the 50% back wages awarded by the Labour Court with continuity of service. It is submitted by Shri D.G. Chauhan, learned advocate appearing on behalf of the petitioner that in the facts and circumstances of the case, more particularly, when there was delay on the part of the respondent and the Reference was already dismissed for non-prosecution in the year 2001, the Labour Court is not justified in awarding 50% back wages. Shri D.G. Chauhan, learned advocate appearing on behalf of the petitioner has left it to the Court with respect to the grant of continuity of service.

(3.) Shri U.T. Mishra, learned advocate appearing on behalf of the respondent has submitted that in the facts and circumstances of the case if the respondent-workman is paid atleast Rs. 10,000/- by way of lumpsum back wages it will meet the ends of justice and he does not invite any further reasoned order in modifying the impugned judgement and award passed by the Labour Court so far as back wages is concerned.