1. The present petition has been preferred by the petitioner for challenging the legality and validity of the award passed by the Labour Court, Ahmedabad. Learned Counsel for the petitioner submitted that so far as the reinstatement and backwages are concerned, the present petitioner is not challenging the award, but as in the award, the question of quantum of the backwages as par the Minimum Wages Act has not been examined by the Labour Court, it has necessitated the petitioner to prefer the present petition.
2. She submitted that if the respondents are agreeable to implement the award for reinstatement, the petitioner would be satisfied and on the aspect of the backwages, if not paid, the petitioner may resort to appropriate proceedings.
3. Learned advocate Mr.Mankand for Mr.Buch for respondent no.2 states that the petitioner was called upon to join the service by way of reinstatement but he has not opted to join and he has no instruction that subsequently whether the petitioner has been reinstated in service or not. He also submitted that if the reinstatement is not opted by the petitioner, he may not be entitled for the backwages for the period and thereafter and it was submitted that therefore, aforesaid aspect may be taken care of.
4. It is not brought to the notice of this Court as to whether award is challenged by the respondents before any higher forum or not and on the contrary, it appears that the petitioner was called upon to join the services pursuant to the award. Under these circumstances, the award is required to be implemented by the respondents.
5. Hence, it is directed that if the petitioner is not reinstated in service as per the award of the Labour Court, he shall be reinstated in service within a period of one month. On the aspect of payment of backwages or any wages after the date of the award, the petitioner may resort to appropriate proceedings before the appropriate forum, in the event such backwages are not paid. At that stage. the rights and contentions of both the sides shall remain open.
6. The present petition stands disposed of in terms of these directions.
(JAYANT PATEL,J.) Girish