EXECUTIVE ENGINEER Vs. VISHWAMBHAR G WANKAR

JUDGEMENT

(1.) Respondent no.1 was appointed as Mustering Assistant in Employment Guarantee Scheme implemented through the appellant. His services were terminated with effect from 30.6.1990. He has challenged his termination before the Labour Court. The Labour Court allowed the complaint by judgment dated 30.4.1994 directing the present appellant to reinstate respondent no.1 with continuity of service with full backwages. The appellant challenged the said order by preferring revision before the Industrial Court. The Industrial Court dismissed the revision by order dated 23.12.1994. Thereafter, the appellant challenged both the orders by Writ Petition No.273/1995. The said Writ Petition came to be dismissed in limine by the learned Single Judge by order dated 1.2.1995. The present appeal is directed against the said order of the learned Single Judge.

(2.) We have heard Mr. D.N. Mathur, Advocate for the appellant and Mr. T.R. Kankale, Assistant Government Pleader for respondent no.2. Nobody appeared for respondent no.1.

(3.) The learned counsel for the appellant submitted that in pursuance of the order, respondent no.1 was reinstated in 2001 and as such the appellant is not interested in challenging the order of reinstatement. The learned counsel for the appellant restricted his argument to grant of full backwages to respondent no.1. In this respect, he submitted that it was for respondent no.1/original complainant to plead that after his services were terminated, he was not gainfully employed anywhere. In the absence of such pleading, the Labour Court was not justified in granting full backwages to respondent no.1. The learned counsel for the appellant submitted that grant of full backwages cannot be allowed automatically or mechanically only because an order of termination is found unsustainable. In the absence of specific plea raised by respondent no.1 in the complaint itself, the Labour Court was not justified in granting full backwages. In support of his submissions, he relied on U.P. State Brassware Corporation Limited and another .vrs. Uday Narain Pandey, (2006) 1 SCC 479 and Haryana State Electronics Development Corporation Ltd. .vrs. Mamni, 2006 II CLR 1047.