EXECUTIVE ENGINEER Vs. NALLAMURTHY

JUDGEMENT

(1.) An award dated September 26, 2019 passed in an industrial dispute case bearing I.D. Case No.06 of 2018 passed by learned Labour Court/Industrial Tribunal at Port Blair is under challenge at the behest of the Administration in this writ petition.

(2.) Learned advocate appearing for the petitioner submits that, learned Labour Court erred in directing reinstatement of the workman with full backwages. He submits that, the workman was engaged as a daily rated mazdoor (DRM). Initial appointment was in 2001. Subsequently, the workman was engaged through contractors. Moreover, the post at which, the workman was engaged as DRM was, not sanctioned. Therefore, according to him, the question of reinstatement of the workman does not arise. Learned Labour Court erred in doing so.

(3.) Relying upon (Jagbir Singh v. Haryana State Agriculture Marketing Board & another, 2009 15 SCC 327), (Vice-Chancellor, Lucknow University, Lucknow, UP v. Akhilesh Kumar Khare & another, 2016 1 SCC 521) and an unreported judgment and order dated January 15, 2019 rendered by a coordinate Bench in WP No.324 of 2018 (Executive Engineer v. Smt.K.Vasantha), he submits that, the Labour Court erred in directing the reinstatement with full backwages to be paid. According to him, payment of full wages is not automatic even after the Labour Court finding that, the termination of the services of the workman was not in accordance with Section 25F of the Industrial Disputes Act, 1947.