SURJIT SINGH (DECEASED) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenging the award of the Labour Court, Ludhiana in Reference No. 38 of 1980 dated Ist October, 1981, whereby the Labour Court directed the period of absence from the date of termination till the date of reinstatement of the petitioner to be treated as leave of the kind due, the petitioner filed this writ petition.

(2.) The petitioner was employed as a Driver with respondent No. 3 and his services were terminated on 17.7.1986. Thereafter the petitioner raised an industrial dispute which was referred to the Labour Court for adjudication. The Labour Court vide impugned award found that the order of termination is not valid and, therefore, directed the reinstatement of the petitioner with continuity of service, but the Labour Court directed the period of absence from the date of termination till reinstatement to be treated as the leave of the kind due and he be paid accordingly. Thus, in fact, the Labour Court denied the back wages to the petitioner. The petitioner, therefore, filed this writ petition claiming back wages for the period during which he was out of job i.e. from the date of termination of his services till reinstatment.

(3.) The learned counsel for the petitioner relied on a decision of the Full Bench of this Court in Hari Palace, Ambala City v. The Presiding Officer, Labour Court and another, 1979 81 PunLR 720, wherein it has been held that ordinarily a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. That is the normal rule and the party objecting to it must establish the circumstances necessitating departure.