RAM KARAN Vs. LABOUR COURT, AMBALA AND ANOTHER

JUDGEMENT

(1.) The petitioner-workman, in the present writ petition challenges order dated 6.12.2007 (Annexure P-3) passed by the Labour Court, Ambala whereby the application moved by the workman under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) claiming therein back wages as per the award dated 26.3.2003 (Annexure P-1) passed in favour of the workman holding him entitled to reinstatement in service with full back wages and continuity of service has been partly allowed.

(2.) The Labour Court on the basis of the evidence led by the parties has returned a finding that the workman is entitled to full back wages for the period the workman-petitioner was not gainfully employed i.e. from the date of his termination (19.6.1996 to 31.12.2001) on the rates as were prevailing in the respondent-Institution at the relevant time and have been enhanced from time to time along with other allowances as were permissible to the applicant-workman according to the Rules and not upto the date of his reinstatement i.e. 24.12.2004 as he was gainfully employed.

(3.) Counsel for the petitioner contends that the services of the petitioner- workman were terminated on 19.6.1996. A demand was raised by the workman, and on the failure of the conciliation proceedings a reference dated 1.4.1997 was made to the Labour Court by the Appropriate Government. On the basis of the pleadings and the evidence led by the parties, the Labour Court vide award dated 26.3.2003 while holding the termination of the workman to be not in accordance with law, held him entitled to reinstatement with continuity of service and full back wages. Counsel contends that thereafter the Management preferred C.W.P. No. 4249 of 2004. A Division Bench of this Court after hearing both the parties passed a detailed order dismissing the writ petition vide order dated 23.8.2004. The award having become final, the workman made a request to the Management to reinstate him with continuity of service and grant him full back wages. In compliance with the award, the workman was reinstated in service with continuity thereof on 24.12.2004 but he was not granted any back wages from the date of termination till his reinstatement. The workman submitted his resignation from service after about 5 months on 20.5.2005 which was accepted by the Management.