ANGREZ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was working as a Conductor with respondent No. 1. His services were terminated on 15/04/1982. On the demand of the petitioner, an industrial dispute was raised. The Labour Court framed the following issues:- "1. Whether there has been a fair and proper enquiry?

(2.) Whether the order of termination of services of the workman is justified and in order? Relief."

(3.) It, therefore, becomes apparent that full back wages would be the normal rule and the party objecting to it must establish the circumstances necessitating a departure. However, Mr. Sran has vehemently argued that once the Labour Court had denied the back wages, this Court would not interfere with the award while exercising writ jurisdiction under Articles 226/227 of the Constitution of India. In support of the aforesaid proposition, the learned counsel for the State has relied on a judgment of the Supreme Court in the case of P.G.I. of M.E. and Research, Chandigarh v. Raj Kumar, 2001-I-LLJ-546. In that case, the question posed by the Supreme Court was as follows at p. 547 of LLJ :