MUNICIPAL COUNCIL, BHANDARA Vs. INDUSTRIAL COURT, NAGPUR

JUDGEMENT

(1.) Judgment delivered on 29.1.2009 by learned Single Judge in Writ Petition No. 906/01 is questioned by petitioner employer therein in L.P.A. No. 93/09. Employee Ashok has questioned the very same judgment in L.P.A. No. 145/09.

(2.) The learned Single Judge while partly allowing Writ Petition found that the order of dismissal dated 17.12.1992 passed by employer needed to be maintained but direction given by Labour Court to employer to reinstate employee with full back wages has been set aside. Employer has been given liberty to hold departmental enquiry and to take action as per law afresh.

(3.) The learned Single Judge has also observed that if within six weeks employer decides to take action, the employee would be deemed to be under suspension. Otherwise, he would be reinstated back in service. In that contingency, employer has been directed to pay back wages at 25% from 7.12.1992 till 27.1.1997 and thereafter at 50% till actual reinstatement. In case decision to hold departmental enquiry was taken, the learned Single Judge directed employer to treat employee under suspension and granted employee liberty to claim subsistence allowance as per Rules.