PANCHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition under Articles 226/227 of the Constitution of India seeks issuance of a writ of Certiorari modifying the award passed by the Labour Court, U.T. Chandigarh (hereinafter referred to as "the Labour Court") whereby a sum of Rs. 10,000/ - has been granted to the petitioner (hereinafter referred to as "the workman") in lieu of full back wages, after holding that the termination of the services of the workman was illegal and unjustified.

(2.) SURPRISINGLY enough, the Labour Court in the award referred to the judgment of this Court in the case of Haryana Warehousing Corporation v. Presiding Officer, Labour Court, Rohtak, 1997(1) PLR 99 :, 1997(1) SCT 258 (P&H). After quoting the ratio of the judgment, the Labour Court proceeded to deny back wages to the workman by granting lump sum compensation of Rs. 10,000/ -. In the aforesaid judgment, this Court has held as follows : -

(3.) FROM the perusal of the above, it becomes obvious that full back wages would be the normal rule and the party objecting to it must establish the circumstances necessitating a departure. A perusal of the award shows that no cogent reasons have been given for departing from the normal rule. Consequently, the award deserves to be modified as prayed.