J.M. Tandon, J. - (1.) Tarsem Singh petitioner was employed as a Conductor with the Hoshiarpur Express Transport Company Limited, respondent. His services were terminated. He raised an industrial dispute and the following reference was made to the Labour Court Jullundur for adjudication. "Whether the termination of services of Tarsem Singh, workman is justified and in order ? If not, to what relief/exact amount of compensation is he entitled ?
(2.) The Labour Court vide Award dated June 23, 1976 (P 5) held that the termination of the services of the petitioner was neither justified nor in order. He was consequently directed to be reinstated with continuity of service. He was not allowed back wages on the ground that in his statement recorded by the Labour Court, he made no claim about the same. It is against this Award that the present Writ is directed.
(3.) The learned counsel for the petitioner has argued that the petitioner in his claim dated March 26, 1974 (P 1) did claim his re - instalment with full back wages. In his statement before the Labour Court he again said that he remained unemployed during the period his services remained terminated, because he could not get any other job. In this situation the Labour Court erred in not allowing back - wages to the petitioner. The contention of the learned counsel for the petitioner 'must prevail. The petitioner had claimed back - wages in his claim petition (P 1) though he did not make such a claim in his statement (P 4) recorded in the Labour Court, but he did say that he remained unemployed during the period his services remained terminated. Under these circumstances the Labour Court did err in not allowing back - wages to the petitioner on the ground that he had not made a pointed claim for back - wages in his statement (P4).;