B.P. Banerjee, J. - (1.) This is an appeal against the order passed by the learned trial Judge dated May 14, 1992, in matter No. 2225 of 1990 setting aside that part of the order of Payment of Wages authority by which the compensation to the tune of 10 times of the back wages was determined and directed to be paid by the management. The facts are not in dispute.
(2.) The Appellant was a workman whose service was terminated. After the termination of service there was an Industrial dispute under Sec. 33A of the Industrial Disputes Act before the Seventh Industrial Tribunal and the said Industrial Tribunal, on consideration of the matter, passed an award dated March 22, 1974, inter alia, holding that the order of dismissal was unjustified and that the workman was entitled to reinstatement with full back wages.
(3.) Being aggrieved by and dissatisfied with the said award dated March 22, 1974, the management filed a writ application before this Court and obtained a rule and Interim Order of Injunction, but subsequently the said civil rule was dismissed for non -prosecution. The application for restoration was also rejected. Accordingly, the said award reached its finality. Thereafter, the Appellant filed an application under Sec. 15(2) of the Payment of Wages Act for determination of wages consequent upon the said award of the Tribunal whereupon the authorities under the Payment of Wages Act directed to pay the back wages together with compensation which was assessed to 10 times of the full back wages.;