RAM KARAN Vs. LABOUR COURT

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge, dismissing the writ petition against order of the Labour Court declining to enforce award for backwages for the period during which the workman was proved to be gainfully employed.

(2.) The appellant was employed with the management, running a private hospital, where he worked from 1978 to 1996 when his services were terminated. He raised an industrial dispute against the order of termination, which was referred for adjudication to the Labour Court. The Labour Court vide award dated 26.3.2003, set aside the order of termination and directed reinstatement of the workman with continuity of service and full backwages. It was held that no inquiry was held, which rendered the termination of service to be illegal. Thereafter, the workman filed an application under Section 33 - C(2) of the Industrial Disputes Act, 1947 for computation of monetary benefits flowing from the award. The application was opposed with a plea that the workman was gainfully employed with Kapil Vohra Eye Hospital, Ambala City after his services were terminated and prior to his reinstatement and for that period, he was not entitled to backwages.

(3.) The Labour Court vide order dated 6.12.2007 partly allowed the application, except for the period he was gainfully employed.