P.S. BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed by the workman partly challenging the award dated 5.8.1983, Annexure P/1 qua back wages which have been denied to him. The petitioner was reinstated with continuity of service and 50% back wages only. He is claiming the remaining 50% by this writ petition.

(2.) THE case of the petitioner is that he should have been given full back wages while the case of the respondent No. 3, as put forth by learned counsel for the respondent is as under : -

(3.) REGARDING the last point, it may be said that the normal rule is to grant full back wages except to the extent that the workman was gainfully employed during the enforced idleness. This is normal rule and the party objecting to it must establish the circumstances necessitating departure.