OKHA NAGARPALIKA Vs. GANGABHA DOSABHA MANEK

JUDGEMENT

(1.) Pursuant to the award impugned in this petition, the workman has been reinstated and the learned Counsel for the petitioner-Nagar Palika under the instructions states that the Nagar Palika has no grievance against the award of reinstatement of the workman. However, the grievance is against the award of 20% back wages without assigning reasons by the Court below. Learned Counsel invited the attention of this Court to the findings in paragraph 13 of the impugned judgment and award concerning back wages where from the only reason which weighed with the Labour Court for back wages was illegal retrenchment and with that reason, without demonstrating the reasons and the method of determination of 20% back wages, it fixed back wages at the said rate.

(2.) To earn the back wages, it was obligatory for the workman to adduce the evidence that he had no source of income and that he was not gainfully employed elsewhere in the interregnum. Without such evidence and without recording such reasons, the aforesaid finding was rendered by the Labour Court which according to this Court not only suffers from lack of jurisdiction but also from the lack of evidence. Under the circumstances, the award to the above extent cannot be sustained. Accordingly, while maintaining the rest part of the award, the award qua back wages is quashed and set aside. Rule is made absolute to the aforesaid extent only.