JUDGMENT Anjani Kumar, J.
1. Petitioners-employers aggrieved by an award of the Labour Court, U.P., Varanasi dated 24th February, 1996, passed in Adjudication Case No. 67 of 1994, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure '1' to the writ petition.
2. The following reference was made to the Labour Court for adjudication :
^^D;k lsok;kstdksa }kjk vius Jfed Jh ukgj flag iq= Jh jke flag] in csynkj dh lsok;sa fnukad 30-6-92 ls lekIr fd;k tkuk mfpr rFkk oS/kkfud gS\ ;fn ugha] rks lacaf/kr Jfed fdl [email protected]{kfriwfrZ ikIr djus dk vf/kdkjh gS vU; fdl fooj.k lfgr \**
3. After the reference was received, both the parties have filed written statement and adduced evidence before the Labour Court. The case set up by the petitioners-employers was that the concerned workman was a muster role employee, therefore, he is not entitled for any relief whatsoever and the termination of his services cannot be said to be bad in accordance with law. It has not been disputed that the findings recorded by the Labour Court to the effect that the workman concerned before termination of his services had already completed more than 240 days of working in the preceding calendar year and it is also not in dispute that the employers have not complied with the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 before terminating the services of the workman. Thus, the Labour Court have arrived at the conclusion that termination of services of the workman concerned by the employers with effect from 30th June, 1992 was not justified and the workman is entitled for reinstatement with continuity of service and full back wages.
4. Lastly, it has been contended on behalf of learned Counsel for the petitioners-employers that the Labour Court award deserves to be modified at least to the extent of direction of full back wages. Relying upon certain decisions of this Court as well as the Apex Court, in my opinion, the end of justice will meet if the award is modified to the extent that the workman concerned will be entitled to half wages from the date of termination of his services till the date of the award instead of full back wages as directed by the Labour Court.
5. In view of what has been stated above, this writ petition has no merit and is accordingly dismissed with the modification to the extent that the workman concerned shall be entitled to half back wages from the date of termination of his services till the date of the award and thereafter workman shall be entitled for full back wages. The interim order, if any, stands vacated. However, there shall be no order as to costs.