SUKHDEV RAJ Vs. LABOUR COURT

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge upholding the award of the Labour Court, reinstating the appellant/workman in service with continuity of service and full backwages with a further direction that backwages be calculated on the basis of monthly emoluments, last drawn prior to dismissal from service, as against claim of the workman for allowing backwages at currect rate.

(2.) The workman was employed with the management as Turner since 1965. After holding an inquiry, he was dismissed from service in the year 1968. An industrial dispute was raised, which was referred for adjudication. Initially, the award was against the workman but on remand of the matter by the Hon'ble Supreme Court, the award was made in favour of the workman by invoking Section 11A of the Industrial Disputes Act, 1947 (for short, "the Act"). Against the award, the workman as well as the management filed writ petitions. Contention raised on behalf of the workman was that full backwages as per current rate should have been allowed while contention of the management was that Section 11A of the Act should not have been invoked in view of nature of charges against the workman.

(3.) Even though learned Single Judge held that the charge against the workman was proved and finding of the Labour Court, to the contrary, was perverse, having regard to the fact that the workman had already received payment in terms of the award and was reinstated, it was held that no interference was called for after a long time. Claim of the workman for further relief was rejected.