MICRON INSTRUMENTS PVT. LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner/management, by filing the instant writ petition, has challenged the award dtd. 17/9/2004 (Annexure P-12) passed by the Labour Court, U.T. Chandigarh, whereby the reference was answered in favour of the respondent No.2/workman, granting him the relief of reinstatement with continuity of service and 50% back wages.

(2.) Learned counsel for the workman has apprised this Court that, unfortunately, during the pendency of the instant writ petition, the workman has passed away and is now represented by his legal representatives. Thus, the question of reinstatement does not survive. He further submits that, even otherwise, reinstatement would not have been feasible, as the workman, had he been alive, would have attained the age of superannuation by now. Hence, the sole issue surviving for adjudication in the instant writ petition pertains to the back wages.

(3.) Although learned senior counsel for the management has vigorously contested on merits the workman's entitlement to 50% back wages and adverted to various judicial precedents to contend that the Labour Court awarded such relief mechanically without due consideration of other relevant circumstances, he nevertheless submits that, in light of the workman's demise, the management has chosen not to press this issue out of sympathy and to uphold its commitment as a model employer dedicated to workmen's welfare. Accordingly, he submits that the management does not wish to pursue the challenge regarding back wages.