RANBIR SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This Letters Patent Appeal has been filed under Clause X of the Letters Patent, 1919 by the appellant management laying challenge to the judgment and order of the learned Single Judge dated 21.5.2010 upholding the award of the Labour Court, Circle-1, Faridabad dated 6.4.2009 upholding the reinstatement but modifying the award from payment of full back wages to none.

(2.) We have heard the learned Counsel for the parties at length and have perused the record produced on the file of the appeal paper book.

(3.) On an examination of the record as presented before us, we find that in the written statement filed by the management before the Labour Court there was no assertion that the workman is gainfully employed therefore he should not be granted back wages in any case or that in the event on non-acceptance of plea of upholding the dismissal order on merits, back wages should be denied as the workman has remained gainfully employed during the period of idleness consequent upon the dismissal.