S.S. Sudhalkar, J. (Oral) - (1.) This writ petition is filed by the workman challenging the award of the Labour Court dated 13.8.1998 (Copy Annexure P/2) to the ex -, tent that it denied full back wages to the petitioner.
(2.) In the impugned award, it has been mentioned by the Labour Court that the petitioner will get back wages for one year, prior to the date of his joining. The reason given by the Labour Court in this order is also found in the "Relief clause. It will be proper to quote the relevant paragraph. It is as under : - " 15. Apropos the claim of back wages, the workman deposed that he remained unemployed since termination. He is married having two children. They are dependent upon his father. They have 2 -1/2 acre land. He used to assist his father in the agriculture land. He has not got his name regd in the Employment Exchange. Therefore, it cannot be said that he has not been earning his livelihood for the subsistence of his family after termination of services. Nevertheless, in the circumstances of the case, I order for reinstatement of the workman with continuity of service and wages for one year prior to the date of joining by the workman as and when the award becomes enforceable at law."
(3.) We do not find that the Labour Court has arrived at a correct decision in dealing with the question of back wages. The petitioner used to assist his father. Of course, when he had no work as a dependent son he assisted his father and helped him. It does not mean that he has added to the income from the Agriculture which his father was already earning. This cannot be said to be a gainful employment.;