C/SCA/16912/2010 JUDGMENT
1. This petition has been filed against the judgment and award dated 21.05.2010 passed by the Labour Court, Bhavnagar in Reference (LCB) No.19/2001 whereby, the reference was partly allowed and the respondentworkman was ordered to be reinstated in service on his original post with continuity of service and 20% back wages.
2. The facts in brief are that the respondent herein had raised an industrial dispute on the ground that the petitioners had terminated his services in breach of the provisions of the Industrial Disputes Act. The dispute was numbered as Reference and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.
3. Heard learned counsel for the respective parties. It appears from the record that the petitioners had terminated the services of the respondentworkman in breach of the provisions of Sections 25G & H of the Industrial Disputes Act. The Labour Court has recorded specific finding to the effect that the petitioners had not followed the procedure prescribed under the said Act before terminating the services of the respondent. Under such circumstance, the direction qua granting reinstatement with continuity in Page 2 of 3 C/SCA/16912/2010 JUDGMENT service is just and proper.
4. So far as back wages is concerned, no evidence is on record, which would entail the respondent to get back wages. Considering the principle laid down by the Apex Court in a catena of decisions on the aspect of back wages, I am of the view that no back wages could be awarded to the respondent. Hence, the impugned award is required to be modified accordingly.
5. For the foregoing reasons, the petition is partly allowed. The impugned judgment and award is modified to the extent that the direction qua reinstatement with continuity in service is confirmed. Therefore, it would be appropriate for the petitioners to reinstate the respondent No.1 within 30 days from today, without fail, since similarly situated person namely, Amarsang Bhikhabhai Solanki is already reinstated pursuant to order dated 16.01.2013 passed in Special Civil Application No. 773 of 2011 by co - ordinate bench. However, the direction qua granting back wages is quashed and set aside. The impugned award stands modified to the above extent. The petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
(S.G.SHAH, J.) drashti Page 3 of 3