MANAGING DIRECTOR, BIHAR STATE MINERAL DEVELOPMENT CORPN. LTD., RANCHI Vs. THE PRESIDING OFFICER, LABOUR COURT, RANCHI & ORS.

JUDGEMENT

(1.) By order dated 15.12.1999, this writ application was admitted after passing the order of reinstatement of respondent no.2 only for hearing on the point of back wages. It was observed that payment of back wages would depend on the result of this application.

(2.) In view of the above, the petitioner has confined his argument only to the extent of the order of payment of back wages, as the concerned workman has already been reinstated.

(3.) Mr. Mehta, learned counsel, appearing on behalf of the petitioner, submitted that even if the order of petitioner's termination is set aside and he has been reinstated, he is not entitled to get full back wages. There are no reason for grant of the same. Learned Presiding Officer, Labour Court has awarded full back wage to the concerned workman without recording any reason whatsoever. Learned counsel submitted that the concerned workman has not brought anything on record to show that the respondent no.2 was not gainfully employed during the period he was terminated, to the date he was reinstated. He further submitted that it does not automatically follow that if termination is set aside and the workman is reinstated, he is entitled to get full back wages.