MAHIP KUMAR RAWAT Vs. ASHWINI KUMAR RAI

JUDGEMENT

(1.) The instant contempt petition preferred u/Art. 215 of Constitution of India alleges non-compliance of the final order passed by co-ordinate bench of this court in W.P.2222.2010 passed on 27/6/2011 (C/1) whereby this Court while allowing the petition of workman and setting aside the Award of the Labour Court directed for reinstatement with 50% back wages relevant paras of which are reproduced below for ready reference and convenience :-

(2.) It is not disputed by learned counsel for rival parties that aforesaid decision dated 27/6/2011 was initially stayed by Apex Court while entertaining SLP of the State but later the claim of State before Apex Court was dismissed vide order dated 2/3/2020 in Civil Appeal 6302/12.

(3.) The case of workman/petitioner to file this contempt petition arose out of the fact that though workman was reinstated but 50% back wages have been worked out based on the last wages drawn by workman prior to his termination, i.e. prior to 1/3/1999 and not the actual wages payable for period between termination and reinstatement.