PREM SINGH Vs. PRESIDING OFFICER AND ANR.

JUDGEMENT

(1.) Prem Singh, Conductor, Haryana Roadways, has invoked the writ jurisdiction of this Court for the modification of the award dated 24th November, 1988, delivered by Mr. S.D. Anand, Presiding Officer, Industrial Tribunal Ambala, by which award the petitioner was held entitled to reinstatement and continuity of service, but back wages for the period of unemployment were denied to him.

(2.) The petitioner was appointed as a Conductor in 1976 and while working in Karnal Depot of the Haryana Roadways, a departmental inquiry was initiated against him. As a result of the inquiry, services of the petitioner were terminated by order dated 12th January, 1982. Feeling aggrieved against his termination, the petitioner raised an industrial dispute and reference was made to the Industrial Tribunal for adjudication under the Industrial Disputes Act. The learned Tribunal after detailed trial, found the termination of services of the petitioner as illegal, as the departmental inquiry proceedings stood vitiated. Having held the same, the learned Tribunal ordered that the petitioner was entitled to reinstatement and continuity of service. However, it was further held that the petitioner shall not be entitled to back wages as he did not state on oath that he had been unemployed during the period in issue.

(3.) In the written statement filed by the General Manager, Haryana Roadways, Karnal, also the only plea taken by the respondents against the claim of the petitioner for grant of back wages is that as the petitioner has not stated on oath that he remained unemployed during the period in dispute, he was not entitled to back wages.