JAGDISH SINGH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Both the parties submit that the petitioner had prayed for the consequential benefit in case the impugned order of dismissal from service of the petitioner is set aside and according to learned counsel for the appellant, there were all the grounds available for grant of full back wages and consequential benefits whereas, learned counsel for the respondents vehemently submitted that the consequential benefits and back wages are not automatic on setting aside of order of dismissal and very many facts are required to be taken into account. Both the learned counsel further submit that said point has not been addressed by the learned Single Judge in the impugned order dated 26.06.2009.

(2.) In view of above submission of the learned counsel for the parties, we are of the considered opinion that the matter is required to be remitted to the learned Single Judge for deciding the question of back wages. So far as holding the action of the Management to be unjust, unfair, unreasonable and discriminatory is concerned, the same is not under challenge.

(3.) The L.P.A. is partly allowed and the writ petition being W.P.(S) No. 2108 of 2004 is restored to its number for deciding the claim of back wages of the writ petitioner. Both the parties shall appear before the learned Single Judge on 06.02.2012. The matter be listed before the Single Bench on 06.02.2012.