GENERAL MANAGER HARYANA ROADWAYS KARNAL Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT PANIPAT AND ANOTHER

JUDGEMENT

(1.) THIS petition is directed against the order dated December 16, 1996 passed by the Industrial Tribunal-cum-Labour Court, Panipat on the application filed by the respondent workman under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short the Act ).

(2.) THERE is no dispute between the parties that the respondent workman was employed as a temporary conductor in the service of Haryana Roadways at Karnal on January 30, 1990 and his service was terminated during the period of probation on the allegation of embezzlement of the funds of the Corporation. The appeal filed by him against the termination of service was dismissed by the Transport Commissioner but for some reasons, which are difficult to appreciate, the Commissioner and Secretary to Government, Haryana Transport Department ordered reinstatement of respondent workman by accepting his revision petition vide order Annexure P-1 dated July 8, 1993. After about 3 years of his reinstatement, the respondent filed an application under Section 33-C (2) of the Act for payment of back wages in the light of obseveration made by this Court on January 11, 1996 while dismissing C. W. P. No. 19045 of 1995, Subhash Chand v. State of haryana and Others. By the impugned order, the learned Tribunal has ordered the payment of back wages amounting to Rs. 68,180.00 for the period from July 29, 1990 to August 30, 1993. Simultaneously, it has awarded interest at the rate of 18 % from the date of order of reinstatement till the date of realisation.

(3.) WE have heard Shri S. M. Sharma, learned Deputy Advocate General, and Shri B. S. Badhran, counsel for the respondent No. 2.