SATYANARAYAN RAO Vs. CHAIRMAN, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The matter has been listed before this Court on a reference made by a learned single Judge. The reference reads as under :

(2.) The question is whether a delinquent employee is entitled to the back wages from the date of termination of his services by the employer as a disciplinary measure till the date of the award of the Industrial Court, in the event of the Industrial Court holding that the departmental/domestic inquiry held by the Disciplinary Authority was illegal or irregular, but, holding that the mis-conduct alleged against the delinquent is proved on the basis of the evidence led before it. There are certain decisions of the Supreme Court : P.H. Kalyani Vs. M/s. Air France, Calcutta, AIR 1963 SC 1756 , D.C. Roy Vs. Presiding Officer, 1976(3) SCC 693 : (1976 Lab IC 1142) , Gujarat Steel Tubes Ltd. Vs. Its Mazdoor Sabha, AIR 1980 SC 1896 : (1980 Lab IC 1004) , Desh Raj Gupta Vs. Industrial Tribunal IV, Lucknow, 1997(1) SCT 86 : AIR 1990 SC 2174 , Rambahu Vyankuji Kheragade Vs. Maharashtra Road Transport Corporation, 1995 Supp (4) SCC 157 , to cite the few which have bearing on the question. Certain contrary observations "opposite to each other" made in these judgments are required to be reconciled.

(3.) The reference, as can be noticed, has not set out explicitly the certain contrary observations, "opposite to each other" made in the judgments cited.