Ritu Raj Awasthi, J. - (1.) Heard learned counsel for the petitioners as well as Pt. S. Chandra, learned counsel appearing for opposite party no.2 and perused the records.
(2.) This writ petition was filed in the year 1993, challenging the award given in favour of the workman/opposite party no.2 vide impugned order dated 29.3.1993.
(3.) Mr. M.P. Yadav, learned counsel for the petitioners submits that in the matters of retrenchment of workman in violation of provisions of The U.P. Industrial Dispute Act, 1947/Industrial Disputes Act, 1947 whereby the order has been passed in favour of the workman by the Labour Court, it has been the consistent view of the Apex Court that reinstatement/back wages/arrears should not be granted and instead compensation, as the Court may deem just and proper in the circumstances of that particular case, may be awarded. In this regard he has relied on the following judgments of the Apex Court. 1. (2010) 6 Supreme Court Cases 773; Senior Superintendent Telegraph (Traffic), Bhopal v. Santosh Kumar Seal and others. 2. (2010) 9 Supreme Court Cases 126; Incharge Officer and another v. Shankar Shetty 3. (2013) 5 Supreme Court Cases 136; Assistant Engineer, Rajasthan Development Corporation and another v. Gitam Singh .;