RAM NIWAS Vs. RAMESHWAR DAYAL SARAFF AND ORS.

JUDGEMENT

(1.) Vide award dated 11.2.2009 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Gurgaon, reference was answered in favour of the workman-present petitioner and he was held entitled to re-instatement in service with back wages to the extent of 30% on the basis of last drawn salary. The instant petition has been filed by the petitioner confining the challenge to the award dated 11.2.2009 to the extent of denial of full back wages from the date of termination i.e. 12.8.1998 till 11.2.2009.

(2.) Mr. Narender Yadav, learned counsel appearing for the petitioner, would contend that once the finding has been returned by the Labour Court in favour of the workman and it has been found that the action of the respondents in dispensing with his services did not fall within the scope of retrenchment, then in law he was entitled to re-instatement along with full back wages. It has further been argued that the back wages have been limited to the extent of 30% without any cogent and valid basis.

(3.) Per contra, Mr. ND Achint, Advocate appearing for respondents No. 1 and 2, would submit that the award dated 11.2.2009 was a subject matter of challenge before this Court in Civil Writ Petition No. 10131 of 2009 that had been preferred by the Management and such writ petition was dismissed on 17.2.2010 thereby upholding the award. It is argued that under such circumstances, there would be no scope for intervention even as regards the quantum of back wages that has been awarded.