BHAG SINGH Vs. PRESIDING OFFICER, LABOUR COURT AMBALA

JUDGEMENT

(1.) IN this petition under Article 226/227 of the Constitution of India, petitioner seeks the limited relief of modification of the award dated 28.3.2000 passed by the Labour Court, Arnbala, to the extent that it denies 50% back wages to the petitioner after the date of demand notice.

(2.) THE petitioner was engaged as a Store Helper by P.W.D. department at Kamal on daily wages on 6.9.1981. His services were illegally terminated by the department on 20.5.1988. On 23.3.1993, the petitioner served a demand notice on the employer. On 19.8.1993, the dispute was referred by the State Government to Labour Court, Ambala for adjudication. On 13.6.1996, the department was proceeded ex -parte by the Labour Court. On 14.8.1996, the Labour Court passed an ex -parte award directing the reinstatement of the petitioner with continuity in service with full back wages. This award was challenged by the department in C.W.P. No. 15694 of 1997. The writ petition filed by the department was dismissed regarding the challenge of the department for reinstatement and continuity of service. However, award to the extent of full back wages was set aside. The matter was remanded back to the Labour Court, Ambala with a direction to give opportunity to the parties to lead evidence on that issue and decide afresh. It was also made clear that respondent No. 1 i.e. petitioner in the present writ petition, shall not be entitled to back wages for the period between the termination of service and 23.3.1993 i.e. the date on which the demand notice was served. On remand, the Labour Court examined the matter afresh and passed the impugned award dated 28.3.2000 denying 50% of the back wages to the petitioner.

(3.) PETITION allowed.