SINGARENI COLLIERIES COMPANY LIMITED Vs. ANWAR BASHA

JUDGEMENT

(1.) In this writ appeal, the appellant - M/s. Singareni Collieries Ltd. - is questioning the view taken by a learned single Judge of this Court in W.P. No. 15354 of 1989 by which the appellant was directed to

(2.) In this writ appeal, it is contended by the learned counsel for the appellant that from the mere in fact of reinstatement, no conclusion would follow that the workmen were entitled to back-wages and there was no specific plea that the workmen were not gainfully employed during the interregnum between the order of termination and the order of reinstatement. We are unable to agree. From the judgment under appeal, it appears that no such objection was taken before the learned single judge. Further it is settled law that

(3.) What needs to be noticed in the instant case is that on the last occasion, when the matter came up for hearing an objection was taken by the Learned Counsel for the appellant that there was no specific plea that the workmen were not gainfully employed. To this, Sri G. Vidyasagar, learned counsel for the respondents-workmen, responded by saying that his clients would file affidavits to the effect that they were not gainfully employed during the interregnum. Accordingly six affidavits have been filed before us to that effect by all the six workmen. In the circumstances, we do not find any justification to interfere with the order under appeal.