EXECUTIVE ENGINEER, HPPWD, DHARAMPUR Vs. NIHAL CHAND

JUDGEMENT

(1.) The State has challenged the order passed by Labour Court Dharamshala. The question considered by the Labour Court was the alleged illegal retrenchment of the workmen attached to the PWD Division, Dharampur.

(2.) THE workmen had a case that the retrenchment was in violation of the provisions of the Industrial Disputes Act, 1947 particularly Sections 25 -G and 25 -H. On a detailed appreciation of the facts and the evidence available on record the Labour Court decided the reference and passed an award directing the reinstatement of the workmen with continuity in service and payment of 50% back -wages. It is seen that the grievance of the State is only with regard to the award of back -wages. Heard learned Senior Additional Advocate General appearing for the petitioners and the learned counsel appearing for the private respondents.

(3.) IT is fairly suggested by both the sides that in the case of those workmen who pursued their grievances under the provisions of the Industrial Disputes Act before the Labour Court and where there is an award for payment of 50% back -wages, an amount of Rs.50,000/ - in that regard would be reasonable. Therefore, all these cases are disposed of making it clear that towards the full and final settlement of the claim of back -wages, each of the workmen in these cases would be paid an amount of Rs.50,000/ - in addition to the notice they have already received. We also make it clear that this direction would also apply to those workmen in whose favour there are awards as above and which have not been challenged before this Court so that future litigation in that regard could be avoided. The amount shall be paid within a period of one month from the date of receipt of the copy of this judgment. The writ petitions are disposed of in the aforesaid terms, so also the pending applications, if any.