LAWS(ALL)-2009-1-52

BANARAS HINDU UNIVERSITY Vs. PRESIDING OFFICER LABOUR COURT

Decided On January 23, 2009
BANARAS HINDU UNIVERSITY Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) THE Banaras Hindu University has filed this writ petition, against an Award of the Labour Court, Varanasi dated 10.7.1988 in Adjudication Case No. 31 of 1995, Banaras Hindu University v. B. N. Bhattacharya, reinstating Shri Brij Nath Bhattacharya-respondent No. 2, with continuity in service and back wages from the date of reference. THE Labour Court further directed that in case the post of Fuse-Man is still vacant, the respondent No. 2 shall be appointed against the said post, and if there is no vacancy, he may be adjusted on an equivalent post.

(2.) BY an interim order dated 28.7,1999, the operation of the award was stayed, provided the petitioners goes on paying respondent No. 2 month by month an amount equivalent to the wages last drawn by him. The Writ Petition was heard in the absence of parties, and was dismissed on 17.7.2002, and the interim order was vacated. The petitioners were directed to reinstate respondent No. 2 forthwith, within one month and to pay his arrears of salary and other benefits to which he would have been made entitled in terms of the award.

(3.) HEARD Shri Dinesh Kakker appearing for the Banaras Hindu University (in short, the 'University') and Shri Manish Goyal for the respondent No. 2-workman.