MUSTAK AHAMAD SHAIKH Vs. COMMISSIONER, NAGAR PARISHAD, UDAIPUR

JUDGEMENT

(1.) While working as Fitter with Municipal Council, Udaipur, the petitioner was retrenched from service on 30.07.1986 without adhering to the provisions of Sec. 25-F of the Industrial Disputes Act, 1947. An industrial dispute was, therefore, raised, which was ultimately referred for its adjudication to the Labour Court, Udaipur. The Labour Court, Udaipur by its award dt. 13.09.1989 declared the retrenchment of petitioner illegal and directed the employer to re-instate him in service with all continuity in service. The petitioner workman was also declared entitled for 50% of wages for the period he remained out of employment.

(2.) In pursuant to the award dt. 30.09.1989 the employer reinstated the petitioner on 10.01.2007 and while doing so also paid 50% of the total wages commencing from the date of termination to the date of re-instalment.

(3.) It is submitted that as a matter of fact 50% of the total back wages were required to be given from the date of retrenchment to the date of award only and thereafter the workman is entitled for the complete wages by treating him in the employment for all purposes.