C N BHASKARAN Vs. SRI S A PATIL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24th January, 1984 in Writ Petition No. 659 of 1980 Passed by the learned single Judge (Bharucha, J.).

(2.) The Appellant is the Original Petitioner in Writ Petition No. 659 of 1980. It is common ground that the appellant was employed as a Stenographer by the second Respondent. The Second Respondent is a Limited Company having their office at Bombay. The first Respondent is the Presiding Officer of the 8th Labour Court, Bombay. It is also not disputed that the appellant was suspended on 20th March, 1978. A Charge-Sheet was served upon the Appellant on 22nd May, 1978 and, thereafter the domestic enquiry commenced which is pending.

(3.) The dispute in this appeal is confined to the back wages. The appellant sometime in the year 1978 made an application to the Labour Court praying for an order against the second Respondent that he be paid the back-wages for the period between 20th March, 1978 and 30th April, 1978. After hearing both the sides the Labour Court by its Order dated 22nd November, 1979, directed the second respondent to pay the full back-wages. Writ Petition No. 99 of 1980 filed by the Second Respondent came to be dismissed by this Court on 3rd March, 1980. On 13th June, 1978 the Appellant filed second application praying for recovery of the back wages for the month of May, 1978. When this application was pending the appellant made a third application on 9th November, 1979 for recovery of back wages for the period between 1st June, 1978 and 31st October, 1979. Both these applications were consolidated together and were heard by the Presiding Officer of the 8th Labour Court, Bombay. The learned Presiding Officer by his Order dated 18th March, 1980 declared that the appellant is entitled to receive from the second respondent company 50% of his wages for the months of May, June and July 1978. 75% of his wages for the months of August, September and October 1978 and full wages from November, 1978 till October, 1979 minus the usual deductions including house rent, provident fund, income-tax etc. The appellant being not satisfied with the order passed by the Labour Court preferred Writ Petition No. 659 of 1980.