(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Learned counsel for the applicant pointed out that Labour Court in its award dated 1.6.2009 allowed the reference of the applicant workman partially and directed reinstatement without back wages. Such award was challenged before the High Court. Learned Single Judge dismissed the petition. Division Bench in Letters Patent Appeal filed by the employer held that the petition having been filed under Article 227 of the Constitution of India, Letters Patent Appeal was not maintainable.
2. Counsel submitted that despite such decisions of the Courts, the opponents have not given any effect to the award of the Labour Court. He submitted that the applicant workman in the meantime, crossed the age of superannuation. Therefore, though question of his reinstatement would not arise, he is entitled to benefit of salary for the period during which he was not reinstated as also the benefits flowing from retirement.
3. NOTICE returnable on 17th April 2012.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top