BALDEV SAHAI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The challenge in the present writ petition filed by the workman under Article 226/227 of the Constitution of India is to the award dated 5.10.1993 (Annexure P-1) whereby the petitioner has been granted only 50% back wages from the date of demand notice dated 22.4.1989 till his reinstatement i.e.5.6.1995.

(2.) The facts which are necessary to be noticed are that the petitioner joined the P.W.D. (B&R), Punjab with effect from 22.12.1986 as Work Munshi and had worked continuously till 31.5.1988. His services were terminated on 1.6.1988 without any notice and he had not been paid any retrenchment compensation. He issued demand notice on 22.4.1989 which led to the industrial dispute being referred to the Labour Court on 17.9.1989. The Labour Court vide impugned award dated 5.10.1993 came to the conclusion that the workman had put in more than 240 days of service and his services could only be terminated by complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") since one month notice or one month pay in lieu thereof had not been given. The termination was held not justified and not in order. Accordingly, direction was issued to reinstate the workman with continuity of service and with half of the back wages from the date of demand notice till reinstatement.

(3.) The said award was challenged by filing Civil Writ Petition No.4061 of 1994 by the department which was dismissed by a Division Bench of this Court on 27.7.1994. The said order was further upheld by the Hon'ble Apex Court in SLP No.9388 of 1995 on 1.5.1995 and in pursuance of that petitioner joined on 5.6.1995. The petitioner, thus, claims that he is entitled for full back wages from the date of his termination i.e. 1.6.1988 till his reinstatement i.e. 5.6.1995.