SUPERINTEDNING ENGINEER Vs. S PRABHAKAR

JUDGEMENT

(1.) THE officials of the Roads and Buildings Department, Warangal, preferred this appeal being aggrieved by the order dated 26.06.2009 passed in Writ Petition No. 20509 of 1999, whereby a learned Single Judge of this Court modified the Award passed by the Industrial Tribunal -cum -Labour Court, Warangal, holding that the first respondent is entitled to 50% of the back wages payable to him from the date of his termination till the date of reinstatement.

(2.) THE first respondent while working as a NMR Work Inspector was removed from service. Assailing the same, he moved the Tribunal by way of I.D.No. 99 of 1995. The Tribunal through its Award Dated 30.11.1998 directed the respondents to reinstate the first respondent in service and treat his seniority among other NMR Work Inspectors who were appointed after 1.10.1987. The Tribunal further held that the first respondent was not entitled to back wages and other attendant benefits. Challenging that part of the said Award passed by the Tribunal whereby back wages were denied, the respondent invoked the jurisdiction of this Court under Article 226 of the Constitution by filing impugned Writ Petition. A learned single Judge of this Court through the order under appeals, partly allowed the Writ Petition, awarding 50% of the back wages to the first respondent as stated supra. Being aggrieved by the same, the officials of the R&B Department, Warangal are before this Court.

(3.) IN this Appeal, it is mainly submitted by the learned Government Pleader appearing for the appellants that the Tribunal went wrong in directing reinstatement of the first respondent in service and therefore the learned single Judge ought not to have awarded back wages inasmuch as he was never appointed as a NMR Work Inspector. He further submitted that the Labour Court had shown some lenience in directing reinstatement, but it held that the first respondent was not entitled to payment of back wages and hence, the learned Single Judge committed an error in interfering with the said finding. He therefore sought that the Writ Appeal may be allowed.