OGHAD MASRI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Ms. Mamta R Vyas, Learned Counsel appearing for the Appellant. This Letters Patent Appeal has been filed by the Appellant challenging the judgment dated 29.7.2010 passed by the learned Single Judge in Special Civil Application No. 8250 of 2001 by which the learned Single Judge has partly allowed the writ petition and set aside the award passed by the Labour Court, Junagadh in Reference (LCJ) No. 234/1995 dated 14.11.2000 so far as the back-wages are concerned and reinstatement with continuity of service has been confirmed.

(2.) The facts in brief are that the Appellant was appointed as Rojamdar Watchman by the Respondent department on a particular project. He had worked for the period from 1985 to 1993 and thereafter, his services were terminated. The Appellant raised industrial dispute and the Labour Court allowed the claim of the Appellant and directed reinstatement with full back-wages. Against the said award, the Respondents filed writ petition before the learned Single Judge which was partly allowed and the award of the Labour Court was modified to the extent that grant of full back-wages was quashed and rest of the award was confirmed. The Appellant has filed this appeal on the ground that the Appellant was entitled to back-wages as evidence was led before the Labour Court that the Appellant was not gainfully employed during the period.

(3.) We are at a loss to understand how the workman or his family could survive without any employment or income. However, the Apex Court in series of decisions has held that on reinstatement, back-wages cannot be automatically granted and it is the discretion of the Court to grant back-wages. The Apex Court in a decision in Chairman-cum-Managing Director, Coal India Ltd and Ors. v. Ananta Saha and Ors., 2011 LLR 673 held in para 47 as under: