By way of this petition, the petitioner has challenged the impugned judgement and award passed by the Labour Court on 23.4.2004 in Reference (LCK) No. 406 of 1996 whereby the Labour Court granted reinstatement with 35 per cent backwages. 2. The facts of the case are that the respondent was appointed as driver on 1.8.1993. He is in habit of remaining absent from duty unauthorisedly. Since he did not turn up for duty, a show cause notice was issued to him on 29.3.1996 calling for his explanation as to why he remained absent from duty without obtaining leave. Neither any reply to the show cause was given by the respondent nor did he resume duty. The respondent, under the guise of illegal termination, raised industrial dispute which was referred to the Labour Court as Reference (LCK) No. 406 of 1996.
3. The Labour Court after considering the evidence on record, passed the order as aforesaid. Hence the petitioner is before this Court.
4. This Court admitted the petition and granted interim relief against backwages on condition of reinstating the respondent in service by its order dated 28.4.2004. It is stated that pursuant to the order of this Court, the respondent has already been reinstated in service. Therefore, the only question left for consideration is backwages.
5. The Labour Court while granting backwages to the respondent has not discussed the evidence on record. I am, therefore, of the opinion that backwages is not required to be granted to the respondent since the Labour Court has not given any valid reason for granting the same.
6. In that view of the matter, the petition is allowed. The order of labour Court granting backwages to the respondent is quashed and set side. The order of the Labour Court directing reinstatement of the respondent in service is confirmed. The respondent will be entitled to regular salary from the date of award till the period of reinstatement which will be paid within a period of three months from today. Rule is made absolute to the aforesaid extent. No order as to costs.
(K.S.JHAVERI, J.) (pkn)