Decided on September 29,2014

Harijan Naginbhai Balubhai Appellant


- (1.) Present appeal under Clause 15 of the Letters Patent is directed against the order dated 28.1.2013 passed/by the learned Single Judge of this Court in Special Civil Application No. 5438 of 2008 read with the order dated 5.3.2013 passed in Miscellaneous Civil Application No. 420 of 2013, whereby the learned Single Judge has maintained the award for reinstatement but has quashed the award of the labour Court for back wages. We have heard Ms. Vandana L. Bhatt, learned Counsel for the appellant and Mr. P.P. Banaji, learned A.G.P. for the respondent. Ms. Bhatt raised contention that the award for back wages ought not to have been quashed by the learned Single Judge and 20% back wages which were awarded by the Labour Court ought to have been maintained. Ms. Bhatt submitted that as such, the Labour Court ought to have ordered for regularization of the services of the appellant workman since he was working for about last 17 years. Learned Single Judge not considered the said aspect properly and hence this Court may consider it in the appeal. She lastly submitted that the workman is already reinstated in service pursuant to the award passed by the Labour Court read with the order of the learned Single Judge. However, the respondent authority has passed order for recovery of the wages paid under section 17-B of the Industrial Disputes Act, 1947 ("the Act" for short), pending the petition on the principles of No Work, No Pay. Therefore, she submitted that in any case, the recovery may not be effected of the wages paid under section 17-B of the Act.
(2.) Mr. Banaji, learned A.G.P. is not in a position to dispute the aspect that when the award of reinstatement is stayed and the wages are paid under section 17-B of the Act pending the litigation and when the award is ultimately maintained, there is no question of recovery of the wages paid under section 17-B of the Act.
(3.) On the first aspect, it appears that the learned Single Judge has found that the back wages should not be ordered in a mechanical manner and the learned Single Judge further found that in view of the decisions of the Apex Court referred to by him in para 3, the prayer for back wages was required to be rejected by the Labour Court.;

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