ASSISTANT ENGINEER Vs. LABOUR COURT

JUDGEMENT

(1.) THE petitioners have challenged in this petition the impugned award dated 12. 10. 2000 passed by the Labour Court, Jodhpur in Reference No. 8/97 whereby the Labour Court declared the termination of the respondent workman illegal and ordered the present petitioners to take him back in service and to grant all benefits of service but instead of awarding full back wages to the workman, he ordered to pay 50% of back wages that too from the date of reference i. e. 31. 1. 97.

(2.) LEARNED counsel Mr. Goyal for the petitioners submitted that during the pendency of the reference proceedings before the Labour Court, the respondent workman had entered into a compromise dated 13. 4. 99 which is at Annex. 2 and as per the terms of the compromise, the workman was not entitled for back wages and he was required to withdraw the case which he had filed before the Labour Court. Inspite of this, the Labour Court while declaring the termination had awarded him 50% back wages from the date of reference. He, therefore, submitted that the impugned award regarding back wages be quashed and set aside.