ADARSH KUMAR GOEL, J. - (1.) THIS appeal has been preferred by the workman against the order of learned Single Judge dated 15.11.2010 holding the workman to be entitled to reinstatement but without back wages.
(2.) THE workman was employed as Salesman in the Haryana State Federation of Consumers Co -operative Wholesale Stores Ltd. respondent no.2 on 10.4.1981. A criminal case was registered against him for misappropriation in April, 1985. He was discharged from duties on 20.5.1986. He was acquitted on 6.6.1995. In 1996, he challenged the order of discharge from service by raising an industrial dispute which was referred for adjudication to the Labour Court. The Labour Court held that the workman was not entitled to any relief as he raised the industrial dispute after ten years of accrual of cause of action. Reliance was placed on judgment of Hon'ble Supreme Court in Nedungadi Bank Ltd. Vs. K.P.Madhavankutty 2000(1) S.C.T.1088. The workman challenged the said order before this Court and the learned Single Judge held that having regard to the fact that workman was acquitted only on 6.6.1995, the delay should be taken to be explained. He was held entitled to reinstatement but without back wages. We have heard learned counsel for the appellant.
(3.) LEARNED counsel for the appellant submits that workman should have been awarded back wages in view of the following judgments: - i) State of Haryana Vs. Ram Kumar and another 2004 (4) S.C.T. 474 wherein it was held that back wages should be granted only from the date of raising of demand and not from the date of termination in a case where there is delay in raising the dispute. ii) The Pepsu Road Transport Corpn., Patiala Vs. The Presiding Officer, Labour Court, Patiala and another 2004(4) S.C.T. 77 wherein it was held that the burden of proof is upon the management to plead and prove gainful employment of the workman. Iii) Tarsem Singh Vs. Presiding Officer, Labour Court, Amritsar and another 2009(1) SCT 489 wherein having regard to the facts and circumstances of the case, lump - sum payment of Rs.3 lacs was awarded in lieu of reinstatement and back wages. ;