SHREE INDUSTRIAL MILLS ESTATE Vs. AMARSING SARJUSING

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner ? Management has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned judgement and award dated 20/12/2005 passed by Learned Presiding Officer of the Labour Court, Ahmedabad in Reference (LCA) No.92 of 1987, by which, the Labour Court has partly allowed the said Reference directing the petitioner to reinstate the respondent-workman on his original post with 25% backwages and with continuity in service.

(2.) Today when the petition is taken up for final hearing, Mr.A.V.Nair, learned advocate has appeared on behalf of the petitioner and Mr.Saurabh Patel, learned advocate has appeared on behalf of the respondent. Learned advocates appearing on behalf of the respective parties have stated at the bar that the respondent-workman has already been reinstated in service as Chokidar/ Jamadar on 22/09/2007 and he has also been paid the wages from the date of award till reinstatement and, therefore, learned advocates appearing on behalf of the respective parties have submitted that in view of the above, the only question which is required to be considered by this Court is with respect to backwages awarded by the Labour Court.

(3.) Considering the fact that backwages for the interim period i.e. from the date of dismissal till passing of the award would be for 21 years and considering the fact that the respondent-workman is already reinstated in service, to put an end to the old litigation and to maintain cordial relation between the parties, learned advocates appearing on behalf of the respective parties, under the instructions received from their respective clients, have stated at the bar that there is a broad consensus between the parties that 25% backwages awarded by the Labour Court be reduced to 10% backwages.