DHRUVKUMAR RAMESHCHANDRA PARMAR Vs. DY. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 20.11.2003 passed by the Labour Court, Junagadh in Reference (LCJ) No. 283/1995, whereby the said reference was rejected.

(2.) In view of the above, the Labour Court ought to have allowed the Reference so far as claim regarding reinstatement was concerned. Therefore, the petition is required to be allowed so far as claim regarding reinstatement in service is concerned. Further as regards claim of back wages is concerned, in view of the principle laid down by the Apex Court in the case of Ram Ashrey Singh v. Ram Bux Singh, 2003 96 FLR 995(SC), a workman has no automatic entitlement to back wages since it is discretionary and has to be dealt with in accordance with the facts and circumstances of each case. Similar principle has been laid down by the Apex Court in the case of General Manager, Haryana Roadways v. Rudhan Singh, 2005 106 FLR 607 wherein, it has been held that an order for payment of back wages should not be passed in a mechanical manner but, a host of factors are to be taken into consideration before passing any such order.

(3.) It would also be relevant to refer to a decision of the Apex Court in the case of A.P. State Road Transport and others v. Abdul Kareem, 2005 6 SCC 36 wherein it has been held that a workman is not entitled to any consequential relief on reinstatement as a matter of course unless specifically directed by forum granting reinstatement. Looking to the facts of the case and the principle laid down by the Apex Court in the above decisions, I am of the opinion that the petitioner cannot be said to be entitled for any back wages. In the result, the petition is allowed. The respondent is directed to reinstate the petitioner workman on his original post with continuity of service but without any back wages within a period of 30 days from today. It is, however, made clear that the relief qua continuity in service is granted only for the purpose of regularization of his services and not for any other purpose. If the petitioner workman is not reinstated in service within the period stipulated herein, he shall become entitled for regular wages with effect from 1.12.2012.