GENERAL MANAGER THE NANDED CENTRAL CO OPERATIVE CONSUMERS WHOLESALE AND RETAIL STORES LIMITED Vs. SHANKAR S O BHAGWAN GANGAMWAR

JUDGEMENT

(1.) HEARD learned advocate for the petitioner.

(2.) THIS petition arises out of an order dated 24th October, 1986 passed by the Labour Court, Aurangabad ordering the petitioner to pay backwages for a period from 20th October, 1970 to 9th July, 1982 amounting to Rs. 52,840. 40 paise to the respondent No. 1 herein.

(3.) THE facts in brief relevant for the decision are that the services of respondent No. 1 were terminated by the petitioner on 8th April, 1971. The respondent challenged the termination of service before the Co-operative Court but without any success. Ultimately the respondent No. 1 applied to the Government for reference of the industrial dispute by letter dated 7-11-1977 pursuant to which the case of the respondent No. 1 was referred as Industrial Dispute for consideration by the Labour Court by an order dated 31-12-1977 and the Labour Court after recording the evidence produced by the parties delivered its award on 26th February 1982 thereby directing the reinstatement of the respondent No. 1 in the service as well as payment of full backwages. Being aggrieved, the petitioner preferred Writ Petition No. 293-A of 1982 which was disposed of by this Court by order dated 17th July, 1984 partly allowing the same as far as the award of order relating the full backwages was concerned and rejecting the same against the order of reinstatement. As far as the matter relating to the payment of full backwages was concerned, the matter was remanded to the Labour Court permitting the parties to lead further evidence on the point in issue. Accordingly, the parties were allowed to lead the evidence and thereafter the impugned award was passed.