- (1.) THIS order shall dispose of Civil Writ Petitions No.6435 of 2010 and 9203 of 2010 as common questions of law and facts are involved in both these petitions. However, for dictating the order, the facts have been taken from Civil Writ Petition No.6435 of 2010.
(2.) CHALLENGE in the present writ petition is to the award dated 4.8.2009 (Annexure P/10) filed by the petitioner -management whereby the Labour Court has directed reinstatement of the workman from the date of publication of the award with full back wages. It is not disputed that the workman in pursuance of the said award has been reinstated in service and serving the petitioner -management.
(3.) AT the time of issuance of notice of motion by a coordinate Bench of this Court, counsel for the petitioner -management had restricted the claim to the extent of back wages only. Therefore, adjudication is only on the said issue as to whether the workman is entitled for full back wages from the date of his termination i.e. 27.3.1998 till the date of passing of the award dated 4.8.2009. Counsel for the petitioner -management has vehemently submitted that the Labour Court has erred in awarding back wages since there is no specific averment or deposition by the workman in his affidavit dated 5.4.2002 (Annexure P/3) that he remained unemployed during the period of his termination and, therefore, grant of 100% back wages was not justified by the Labour Court without giving any valid reason in the absence of any averment.;