SHANKAR SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE only question involved in this writ is whether Labour Court was justified in refusing to award the back wages to the petitioner. In other words, the question that arises for consideration is whether finding of Labour Court in refusing to award back wages is sustainable or not.

(2.) A reference under Section 10 of Industrial Disputes Act was made to Labour Court for deciding the legality of termination order of the petitioner. It was contested by the petitioner as also by the respondent No. 2 (employer ). Parties led evidence to support their stand. Eventually by impugned award dated 17-5-2000 passed by Labour Court in Case No. 44/91/idr (Annexure P-5), the Labour Court answered the reference partly in favour of petitioner, It was held that misconduct alleged against the petitioner is not proved. Accordingly termination order was set aside and direction to reinstatement followed. However, while setting aside of the termination order and directing reinstatement, the Labour Court declined to award back wages to the petitioner. It is against this finding, i. e. , declining to award back wages, the petitioner (employee) has filed this writ and prayed for modification of the impugned award to the extent of granting back wages.

(3.) HEARD Shri S. S. Kemkar, learned Counsel for the petitioner and Shri G. S. Patwardhan, learned Counsel for the respondent.