BANSI RAM Vs. H P SEB

JUDGEMENT

(1.) THE Electricity Board and the workmen have filed the writ petitions challenging the Award passed by the Labour Court-cum-Industrial Tribunal. It is seen from the records that in view of the fair stand taken by the Electricity Board, the workmen have been re-instated in service. THE two questions remaining to be considered are (1) continuity of service and (2) backwages.

(2.) IT is nowsettled law that backwages donot automatically follow even when there is an Award for re- instatement. IT would depend on the evidence in each case. On going through the evidence available in these cases, we find that the claim regarding the backwages was not established before the Labour Court.However, once the workmen are re-instated, in view of the finding that the termination is in violation of the provisions of the Industrial DisputesAct, 1947, they shouldbe entitledto the consequential relief of continuity in service. Therefore, these writ petitions filed by the Electricity Board as well as by the workmen are disposed of as follows: