Heard learned counsel for the parties.
This writ petition is directed against award dated 14.07.1995 given by Presiding Officer Labour Court U.P. Varanasi in adjudication case no. 262 of 1991. The matter which was referred to the labour Court was as to whether the action of petitioner employer terminating the services of its workman respondent no.1 w.e.f. 05.03.1983 was just and valid or not. Labour Court held that termination order was illegal and directed reinstatement with full backwages. Through interim order dated 08.11.1996 passed in this writ petition, impugned award in respect of backwages was stayed subject to the condition that petitioner permitted respondent no.1 to work and paid salary.
Sri S.P. Misra learned standing counsel appearing for petitioner states that in pursuance of the interim order respondent no.1 was reinstated and he is constantly working since then and being paid salary. Sri Misra further states that he has got no objection to the reinstatment part of the impugned award in case backwages are set aside.
In my opinion there was no occasion for the labour court to direct payment of backwages. Services were terminated in the year 1983 and dispute was raised in the year 1991 i.e. After 8 years. Moreover, respondent no.1 could not show that he was not working for gain any where else when he was not the employee of the petitioner.
Accordingly, writ petition is allowed in part. Reinstatement as directed by the impugned award is maintained. However, the direction for payment of backwages is set aside.
Order Date :- 2.11.2010 vkg