(1.) The present petition is directed against the award dated 28.1.2005 passed by the Labour Court in Reference (LCA) No.1176 of 1988, so far it relates to not granting any back-wages to the petitioner.
(2.) The short facts of the case are that, as per the petitioner, he was working as daily-wager from 1981 to 1987 and he worked for more than 300 days in each year. His services came to be terminated on 6.10.1987 by oral order. The dispute was raised under the Industrial Disputes Act (hereinafter referred to as the Act for short) by the petitioner workman. The said dispute was referred to the Labour Court for adjudication being Reference (LCA) No.1176 of 1988. The Reference Court, at the conclusion of the reference, found that the petitioner was already reinstated in service from 9.1.1996 and, therefore, order for reinstatement was not required to be passed. On the aspect of termination be declared as illegal, the prayer was not granted by the Labour Court, therefore, found that the back-wages were also not required to be awarded. It is under these circumstances, the present petition before this Court.
(3.) I have heard Mr.A.K. Clerk, learned Counsel appearing for the petitioner and Mr. Jayswal, learned AGP for the respondent.