ATULBHAI CHINUBHAI SHAH Vs. AMTS

JUDGEMENT

(1.) Heard the learned Advocate, Mr.Devang Vyas, appearing on behalf of petitioner.

(2.) In the present petition, the petitioner has challenged the award passed by Labour Court, Ahmedabad in Reference No.1628 of 1999 dated 31.1.2006. The Labour Court has granted reinstatement with continuity of service while setting aside dismissal order dated 28.6.1999 with 25% back wages of interim period. The present petition is filed against the direction of not granting full back wages of interim period.

(3.) Learned Advocate, Mr.Vyas, appearing on behalf of petitioner, submitted that Labour Court has committed gross error in not granting the full back wages of interim period, though workman remain unemployed during the interim period. He also submitted that presumption of the Labour Court that during this interim period, workman should not remain without any work / job, is not based upon any evidence. He also submitted that Labour Court has committed error in granting only 25% back wages of interim period.