BACHHU LAL Vs. DEPUTY CONSERVATOR FOREST

JUDGEMENT

(1.) The only question arises for our consideration in the instant Special Appeal is as to under what circumstances, a workman, in the event of reinstatement of his services, is entitled to the back wages and continuity of past services?

(2.) Brief resume of the facts is that while answering the reference, the learned Labour Court, Bharatpur, vide its Award dated October 17, 1994, ordered that the termination of services of the appellant-workman, by the respondent was illegal and he was entitled to be reinstated in the service alongwith entire back wages from the date of his termination till the date of reinstatement in the service. Undeniably, the Award of the Labour Court was based on the uncontroverted testimony of the workman as the respondent did not adduce any evidence in support of his reply.

(3.) Award of learned Labour Court was assailed by the respondent by filing writ petition before the learned single Judge of this Court. Learned single Judge, vide order dated March 10, 2000, partly allowed the writ petition and modified the Award to the extent that termination of services of the workman was held to be illegal and unjustified. However, the workman was found entitled to reinstatement only from the date of Award i. e. October 17, 1994. The workman was not found entitled to the back wages w.e.f. the date of Award till his reinstatement in the service. In the instant Special Appeal the workman has assailed the order of learned single Judge.