NIZAM IBRAHIMBHAI PATEL Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) HEARD learned advocates for the parties. The petitioner, workman, by way of this petition has prayed as under:

(2.) FACTS in brief leading to filing this petition deserve to be set out as under: The petitioner was at the relevant time working with Petrofils Cooperative Ltd, a Government of India undertaking. His services came to be terminated with effect from 31.1.1992. Being aggrieved and dissatisfied, this workman has raised Industrial Dispute, which came to be referred to the concerned Labour Court, wherein, it was registered as Reference 245 of 1992. During the pendency of the Reference, the Official Liquidator came to be appointed by the Government of India. The reference was allowed vide order dated 20.12.2000 and the petitioner was ordered to be reinstated with continuity of service with 50% of back wages. This award remained unchallenged. However, as the unit was under liquidation, the question of reinstatement did not arise but as the claim dues were not paid, the petitioner was constrained to file writ petition being Special Civil Application No. 12172 of 2002, which came to be disposed of by this Court vide order dated 5.5.2002, whereunder, this Court observed as under:

(3.) LEARNED advocate for the petitioner contended that the petitioner could not have been denied the benefits, which were ordered by the Court vide award dated 20.12.2000 made in the Reference No. 245 of 1992. The counsel for the petitioner further submitted that plain reading of the award, clearly indicates that the petitioner was ordered to be reinstated with continuity of service and payment of back wages was reduced to 50% only. Therefore, the respondent was under an obligation to grant all the benefits which would have accrue, had he not been dismissed from service and that proposition of law would entitled the petitioner to receive higher amount than the amount which is paid, based upon the last drawn wages of Rs.800/ - when the petitioner's service came to be terminated illegally.