- (1.) This petition is directed against the order dated 05.02.2013 passed by the Industrial Tribunal, Bathinda (hereinafter referred to as the 'Tribunal'), dismissing the application filed by the petitioner under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act').
(2.) In short, the petitioner was appointed as Shop Assistant Grade -I in the Punjab State Civil Supplies Corporation on 28.09.1977 and his services were terminated on 07.08.1980. The petitioner raised an industrial dispute, which was declined vide award dated 07.05.1985 by the Labour Court in Reference No.693 of 1982. The said award was challenged by him in CWP No.375 of 1986, which was allowed on 15.01.2003, the award was set aside and the petitioner was held entitled to be reinstated in service with all benefits except back wages, for which he was granted liberty to file an application under Section 33 -C(2) of the Act. Thereafter, the petitioner filed an application under Section 33 -C(2) of the Act for recovery of Rs.10,83,883/ - with interest for the period from 12.08.1980 i.e. the date of termination of his services to 14.03.2004. The Tribunal dismissed the application on the ground that during this period, the petitioner did not perform any work till he submitted his joining report on 15.03.2004, therefore, he was not entitled for the back wages.
(3.) At the time of notice of motion, it was contended on behalf of the petitioner that while leading evidence in the proceedings of the application filed under Section 33 -C(2) of the Act, the petitioner made a statement that he remained unemployed. Although the back wages have been declined on the ground that he did not perform any work from the date of his termination i.e. 12.08.1980 till his joining on 15.03.2004 but alteast certain percentage of back wages should have been granted as the petitioner became successful in the litigation and his reinstatement had been ordered by this Court.;