GOPAL NANDKISHOR SHARMA Vs. MANAGER NANAVATI ASSOCIATES

JUDGEMENT

(1.) HEARD learned Advocate Mr. Y. V. Shah for the petitioner and Mr. Joshi for nanavati Associates for respondent. Through this petition under Article 227 of the constitution of India, the petitioner has challenged the award made by the Labour Court, Valsad in. Reference No. 98 of 1995, dated 22-2-2006 qua denial of back wages for the intervening period.

(2.) LEARNED Advocate Mr. YV. Shah for the petitioner submitted that the relevant factors have not been taken into consideration by the Labour Court while denying back wages for the intervening period. He submits that the petitioner was permanent qualified employee working on the post of welder vendor for more than 26 years continuously and ex parts departmental inquiry was conducted against the petitioner and the Labour Court gave finding that it was a first misconduct and occupying quarter subsequently allotted by the company as the petitioner was wrongfully dismissed based on ex pane inquiry which was rightly quashed by the Labour Court and, therefore, being normal and natural consequence, petitioner is entitled for full back wages for intervening period. In support of his submissions, he placed reliance on the following decisions:

(3.) RELYING upon the aforesaid decisions, he submits that before the Labour Court, gainful employment of the petitioner was not proved by the respondent and, therefore, petitioner is entitled for full or part of back wages for intervening period.