SWARAN SINGH Vs. TOPS SECURITY SERVICE LTD.

JUDGEMENT

(1.) HEARD Mr. Amonkar, learned counsel for the petitioner. By this petition under Article 227 of the Constitution of India, the petitioner takes exception to the judgment and award dated 15/09/2010 passed by the Labour Court -II at Panaji in Case No. IT/59/07 by which the reference made under Section 10 of Industrial Disputes Act, 1947 has been partly allowed.

(2.) THE petitioner raised industrial dispute and conciliation proceedings were held before the Deputy Labour Commissioner and Conciliation Officer, Margao regarding his termination by respondent no.1 which ended in a failure report and thereafter the dispute was referred by the State Government to the Labour Court -II. By the impugned award the Labour Court has held that the termination of the services of the petitioner w.e.f 1/12/2004 was illegal and unjustified and consequently directed the respondent no.1 to re -instate the petitioner in their service with 50% of back wages and continuity in services with immediate effect.

(3.) ACCORDING to Mr. Amonkar, learned counsel appearing for the petitioner, once the Labour Court has held that the termination of the petitioner was illegal, the Labour Court ought to have awarded 100% back wages and to that extent the impugned award cannot be sustained.