BUDHESHWAR DASS Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) The only grievance made is against the order of declining the back wages, in spite of the petitioner having been orders to be reinstated. The sole ground for refusing the back wages to the petitioner is." Since in his cross-examination it is expressed that during the period of his unemployment, the expenses were not by his relatives and the relatives have not been examined." On the fact of it, reasons for declining the backwages does not appears to be sustainable.

(2.) In Hari Palace, Ambala City vs. The Presiding Officer, Labour Court and another, 1979 81 PunLR 720, it has been observed by this court that in case of reinstatement of an employee, back wages, is the normal course unless exceptional circumstances are made out by tie employer for denying the same. No Exceptional circumstances has either been found by the tribunal, nor any has been pointed out during the courses of argument. It was only urged that since his kith and kin had told that the petitioner was employed for the last six years, hence was not entitled to back wages. There is not an iota of evidence on the record to show that the petitioner was even gainfully employed from the date of termination till reinstated by the petitioner.

(3.) In view of above facts, circumstances of the case and the observations made, the impugned award annexure P-4 is modified. The petitioner will be entitled to the back wages as his service were terminated for no fault of his. There was no serious charge made against the petitioner. Further, the petitioner's orders for reinstatement by the Labour court has not been challenged by the respondents in this court.