NAGAR PANCHAYAT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Adarsh Bhushan, holding brief of Sri Anil Bhushan, learned counsel for the petitioners and Sri Alok Kumar Srivastava, holding brief of Sri S.S. Nigam, learned counsel for respondent-workman.

(2.) As parties have exchanged their affidavits, with the consent of learned counsel for the parties, the petition is being decided finally at the admission stage itself.

(3.) By this petition, the petitioners have challenged the award dated 14th July, 2006, passed by the Presiding Officer, Labour Court, Bareilly in adjudication case no.14 of 1999, which was published on 28th September, 2006, whereby termination of service of the respondent-workman on 1st March, 1989 has been held to be illegal and it has been ordered that the respondent-workman would be reinstated in service. However, with regard to back wages, it was provided that from the date of termination of service up to the date of reference i.e. 17.02.1999, the respondent-workman would not be entitled for any back wages whereas from the date of reference up to the date of reinstatement he would be entitled to 50% of the wages, which he was getting immediately prior to the date of his termination.