STATE OF GUJARAT Vs. RANGJIBHAI PUPABHAI HTHILA

JUDGEMENT

(1.) THIS petition has been filed against the judgment and award dated 22.08.2008 passed by the Labour Court, Dahod in Reference New (LCD) No.438/2008 and (Old) No.800/2000 whereby, the reference was partly allowed and the petitioners have been directed to reinstate the respondentworkman on his original post with continuity of service and 40% back wages.

(2.) THE facts in brief are that the respondent herein raised an industrial dispute on the ground that the petitioners had terminated their services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) SO far as back wages is concerned, no evidence is on record, which would entail the respondent to get back wages. Considering the principle laid down by the Apex Court in a catena of decisions on the issue of back wages, I am of the view that no back wages could be awarded to the respondent. Therefore, the back wages awarded by the Court below is required to be quashed and set aside.