- (1.) Municipal Committee, Rohtak, is the petitioner. It is aggrieved by the award dated August 6,1991 given by the Labour Court Rohtak, a copy of which has been produced in record as Annexure P.4. By this award, the Labour Court has found as a fact that the respondent workman had worked for 274 days nom February 1983 to January 1984 when his services were terminated. The workman took no steps to challenge his termination till August 16, 1987 when he served a demand notice. The petitioner had, however, failed to comply with provisions of section 25- F of the Industrial Disputes Act. Accordingly the learned Labour Court has held that the termination of services of workman was not in accordance with law and that he is entitled to be reinstated with continuity of service. He has also been held entitled to the payment of back wages from the date of the issue of notice of demand viz. August 16,1987.
(2.) Mr. J. K. Sibal, learned counsel for the petitioner has pointed out that the respondent workman had appeared as WW1 before the Labour Court. A photo-copy of his statement has been produced by Mr. Sibal which runs into 5 pages. Its correctness is admitted by Mr. Verma appearing for respondent-workman. It is placed on record as Mark A'. During the course of his statement, the workman admitted that he was working with the petitioner on daily wages and that after the termination of his services, he has been working as a labourer. On this basis, the learned counsel contends that the relief regarding back wages should not be granted. On the other hand, Mr. B. S. Verma, learned counsel for the respondent workman submits that the workman was drawing Rs. 15/- per day as a labourer while the salary that he was getting from the petitioner was higher.
(3.) After some arguments, the learned counsel for the parties have agreed that the workman be paid back wages only to the extent of 50 per cent till the date he now reports for duty. He will, however, be paid wages at the same rate at which these are being paid to the persons who are now working as 'Octroi Moharrir' in the Municipal Committee.;