UNION OF INDIA Vs. D J PUJAR

JUDGEMENT

(1.) The Petitioner, Union of India (Railway Authority) has challenged the impugned Award dated 31 August 1998, whereby the Industrial Tribunal, Kolhapur, after considering the merits of the matter, directed to reinstate Respondent No.1 by declaring the termination order dated 10 December 1990 to be shockingly disproportionate and thereby also directed to reinstate Respondent No.1 with continuity of service but without backwages.

(2.) Admittedly, by the impugned order, the Court has refused to grant any backwages. The Petitioner has challenged the same and this Court, after hearing, granted Rule on 14 June 1999 and also stayed the effect and operation of the judgment in terms of prayer clause (b). The stay has been in force till this date.

(3.) Admittedly, the Respondent has attained the age of superannuation. Therefore, the question only remains of the wages of the period from the date of order of stay granted till his retirement. Admittedly, Respondent No.1 moved an application under Section 17 B of the Industrial Dispute Act. This Court, on 1 February 2001, granted the same w.e.f. 6 May 1999 i.e. from the date of filing of the Petition. Respondent No.1 was getting this amount pursuance to the said order till the date of his retirement.