STATE OF HARYANA Vs. SEWA SINGH

JUDGEMENT

(1.) This writ petition is filed by the employer challenging the award of the Labour Court dated 8.2.1999 (copy annexure P/6) vide which respondent No. 1 was ordered to be reinstated with continuity of service and full back wages. It was also held that since the Government should not suffer on account of arbitrary act on behalf of its some officers/officials so in the first instance the entire amount of back wages shall be paid by the department but thereafter it shall be at liberty to recover the same from the officer who illegally and arbitrarily retrenched respondent No. 1.

(2.) Learned Counsel for the petitioner has advanced arguments only qua back wages. After hearing learned Counsel for the petitioner, we find that this writ peii-tion is without merit.

(3.) Learned Counsel for the petitioner argued that full back wages ought not to have been awarded in this case. He has relied on some judgments of this Court. Copy of a judgment in Civil Writ Petition No. 11913 of 1991 - General Manager, Haryana Roadway, Rohtak v. Shri Suraj Bhan and another (copy Annexure P/8). In that ease, the D.B. of this Court had held that because the workman had not actually worked on the post, he will not be entitled to back wages. The other case, which the counsel for the petitioner has referred to is of Civil Writ Petition Na. 411 of 1982, M.K. Kohli v. M/s. Alfadeal Chemicals, Faridabad, copy of which has been produced as Annexure P/9. In that case, it is held that it will not be believable that the workman remained out of job or that he was not gainfully employed right from 1979 onwards and for his survival he must be striving here and there. But as the workman was wrongly deprived of his right of reinstatement, he was awarded back wages at the rate of 25%. Another judgment produced as Annexure P/7, is not on the point of back wages.