RAKESHBHAI MULJIBHAI ATRI Vs. SUZLON ENERGY LIMITED

JUDGEMENT

(1.) Denial of back wages while ordering reinstatement of the petitioner by judgement and award dated 4.2.2016 passed by the Labour Court, Junagadh, in Reference L.C.J. No. 13 of 2003 has given rise to this petition.

(2.) The learned counsel for the petitioner has taken this court through the impugned judgement and award where-from it is noticed that the petitioner workman was irregular in his attendance. After noting the said conduct of the workman, the Labour Court proceeded to find discrepancy in the attendance sheets in relation to the workman and discarded the same from evidence. It further reasoned that no inquiry was held and that section 25F of the Industrial Disputes Act was breached. The Labour Court further found gainful employment of the petitioner for the period 1.10.2009 and 31.3.2010 with the contractor of the respondent employer and on overall consideration of the case, it had awarded reinstatement with lumpsum compensation of Rs. 1,00,000.00 to the workman. Aggrieved by the said award of lumpsum compensation in lieu of full back wages, the petitioner is before this court.

(3.) The learned counsel for the petitioner relied upon the following judicial pronouncements to canvass the proposition that on reinstatement, full back wages must follow.