JUDGEMENT
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(1.) Special leave granted in both cases.
(2.) This order will dispose of appeals arising out of Special Leave Petition (C) Nos. 16582 of 1992 and 8553 of 1993.
(3.) The Labour court deciding an industrial dispute between the parties ordering reinstatement of the worker with full back wages. On appeal, the industrial court affirmed the order of reinstatement but denied to the worker full back wages on the ground that he could not encash on his guilt, for tile guilt was fully proved against him. In the writ petition by the Management challenging the order of reinstatement the High court came to make the following observations:
"In our opinion, it would he open to the Management 958 to negotiate this very proposal with the workman as and when he is reinstated and to place him in any other mill if he is willing. "
These observation were attracted because the Management contemplated transferring the worker to another place. Learned counsel for the Management has prayed before us that. this portion in the order be deleted as that would be problematic in the face of the standing orders operating to govern the relationship between the Management and the worker. The existence of the standing orders on this subject is not denied by the workman. Therefore, we are of the view that the afore-extraction was unnecessary to be incorporated in the order of the High court which has led to the present appeal in Special Leave Petition No. 16582 of 1992. We, therefore, allow its deletion.;
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