Decided on November 19,2008



- (1.) HEARD learned counsels for the parties. The petitioner - employer has preferred this petition under Article 227 of the Constitution of India challenging the award and order dated 10/7/1998 passed by the Labour Court, Ahmedabad in Reference No. (LCA) 1713 of 1987, where under no reinstatement was granted, however full back wages from 1-2-1986 i. e. the date of termination till 17-2-1987 and from 7-4-1987 to 31-1-1993 is ordered to be paid along with Rs. 500/- towards cost. The said award is challenged on various grounds mentioned in the petition. Shri Patel, learned counsel for the petitioner contended that the Labour Court's findings with regard to non-compliance with Section 25-F of I. D. Act can not be said to be absolutely correct in view of the fact that the factom of passing of cheques as could be seen from page no. 14 which is on the record. However Shri Patel submitted that the entire petition could be disposed of by appropriately modifying the award. He contended that the full back wages could not have been granted in view of lack of proper evidence on the part of the workman for showing his entitlement for back wages. Shri Patel submitted that the granting of full back wages without there being proper pleadings and evidence would result into prejudice to the other side. While granting back wages, factom of closing of the industry is also required to be taken into consideration. Shri Patel submits that appropriate modification of the award would put an end to the entire controversy. According to his calculation the granting of 35 % of back wages instead of full back wages would come to about Rs. 70,000/- in all, and looking to the peculiar facts and circumstances of the case the award deserves to be modified. Shri Upadhyay, learned counsel for the respondent workman could not point out any evidence indicating justification for granting full back wages. However he submitted that, in case this Court is inclined to accept the submission of Shri Patel, then the wages which were paid through cheques as mentioned on page no. 14 of the compilation be paid over and above the amount of reduced back wages. In view of this, and in view of the fact that the workman did not make out a case for 100 % back wages this, Court is of the view that the following modification in the award would serve the interest of justice and accordingly the award is hereby modified. The workman would be now entitled for receiving 35 % of back wages. In addition to this amount, the amount mentioned at page no. 14, if the cheques are not encashed, then the same also would be payable to him along with Rs. 500/- towards cost as ordered in the award of the Labour Court. The said amount be paid to the respondent workman within a period of 60 days from the date of receipt of writ of this order. The petition is accordingly disposed of. Rule made absolute to the aforesaid extent. Ad-interim relief granted earlier shall stand vacated. However no order as to cost. Since the main petition is disposed, no order in Civil Application No. 2268 of 1999 and the same is accordingly disposed of with the main petition.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.