HARI LAL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for modification of award dated 16.2.2004, Annexure P-1, to the extent vide which two-third of back-wages have been denied to him and also a writ of Mandamus for declaring that he is entitled to full-back wages.

(2.) It is the case of petitioner-workman that vide order dated 2.7.1998, he was appointed as Mali/Peon with the respondent-department and worked as such till 10.1.2000. Vide an oral order dated 11.1.2000 his services were terminated without any notice or compensation, when he demanded full salary for his services. Petitioner challenged the termination order by serving upon the respondent-department a demand notice. Later, the dispute was referred to the Labour Court for adjudication. Petitioner workman did not file any claim statement and thus, his demand notice was treated as claim statement. Upon notice thereof, respondent-department in its written statement took up the plea that the workman was simply a parttime employee and thus, he is not entitled to full wages of a regular permanent employee. Replication was filed by the petitioner-workman to the written statement denying the averments contained therein and reiterating the one in the demand notice-cum-claim statement. In support of their respective case, evidence was led by the parties.

(3.) The learned Labour Court on appreciation of evidence led by the parties, held the termination of the workman illegal and ordered his reinstatement in service with continuity of service and back-wages to the extent of one-third of the pay as the workman was found to have not worked with the department from the date of demand notice. Accordingly, the reference was answered in favour of the workman and against the department. Feeling aggrieved by the part of award whereby one-third of the pay has been granted towards back-wages, the workman has filed the instant petition.