SHIV CHARAN Vs. H S E B

JUDGEMENT

(1.) This writ petition filed by one Shiv Charan is directed against the award dated June, 1991 passed by the Presiding Officer, Industrial Tribunal, Faridabad whereby seven references made to it by the State Government at the instance of the workmen including that of the petitioner herein were disposed of and all the workmen were directed to be reinstated. All the workmen except the petitioner were awarded full back wages. The claim made in this petition is that the petitioner should have been given full back wages. He has been denied back wages solely on the ground that he raised the dispute after a period of six years from the date of his termination.

(2.) Ms Abha Rathore, Advocate appearing for the petitioner submitted that the Labour Court went wrong in observing that the petitioner had raised the dispute after six y ears. It is categorically stated in the writ petition that the petitioner raised the dispute soon after his termination in August, 1982 and that conciliation proceedings were held in March, 1983. Annexure P-1 and P-2 with the writ petition make it clear that conciliation proceedings were going on in February, 1983 when the management submitted its comments to the Conciliation Officer. The Labour Court appears to have missed this fact. Since the dispute was raised by the petitioner soon after his services were terminated, the Labour Court was not justified in denying back wages to him when those have been awarded to others.

(3.) Consequently, the writ petition is allowed and the impugned award of the Labour Court modified to the extent that the petitioner will also get full back wages like the others. No costs.