- (1.) The petitioner was appointed as a Block Officer with respondent No. 2 on 23rd July 1966 and his services were terminated on February 14, 1969. He raised an industrial dispute, which was referred to the Labour Court, Ludhiana, and vide award dated February 2, 1978 the learned Labour Court held the termination of services of the petitioner to be not justified and ordered the reinstatement of the petitioner with continuity of service and back wages @ 30% i.e. Rs. 120/- per month with effect from February 18, 1969 till his actual reinstatement.
(2.) The award passed by the learned Labour Court was challenged by respondent i.e. Punjab Land Development & Reclamation Corporation (hereinafter referred to as the 'Corporation') by filing CWP No. 1584 of 1980. However, the said writ petition was dismissed on October 30, 1992. The petitioner also filed CWP No. 3308 of 1980 claiming full back wages and the said writ petition was allowed by this Court by observing as under :- "Petitioner workman was retrenched on February 18, 1969 as is mentioned in the award and the Govt. on demand made by him referred the matter for adjudication to the Labour Court vide reference No. 208 of 1970 while holding the workman entitled to only 30% of the wages, the labour Court has simply mentioned that it could not be believed that the petitioner workman remained without a job ever since 1969. Relevant part of the award reads as under:- "The workman further stated that he was unable to get any employment in spite of his best efforts but he failed to specify the efforts made by him. It is unbelievable that he remained without a job ever since 19 Feb. 1969. In my opinion, therefore, besides the relief of reinstatement he should be granted back wages at the rate of 30% which comes out to be Rs. 120/- per month." In Hari Palace Ambala City v. The Presiding Officer, Labour Court another, 1979 81 PunLR 720, Full Bench of this Court has held that ordinarily a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. This is the normal rule and the party objecting to it must establish the circumstances necessitating departure. The management brought no proof of the records of the case that the petitioner during the period of his enforced idleness, was gainfully employed and, therefore, there was nothing at all to disbelieve the statement of the workman. Following the dictum of law laid down by Full Bench in Hari Palace's case , I modify the award Annexure P-2 and hold the workman entitled to full back wages from the date he made a demand upto the date of reinstatement. No order as to costs." As repeated representations failed to have any effect on the respondents for permitting the petitioner to join his duty and pay back wages, the petitioner filed another CWP No. 10776 of 1997 for issuance of a writ in the nature of mandamus directing the respondent-Corporation to allow the petitioner to join his duty and pay him full back wages/arrears of salary with interest @ 18% per annum from the date it fell due till payment.
(3.) CWP No. 10776 of 1997 filed by the petitioner was allowed by this Court on October 22, 1997 and directions were issued to the respondent-Corporation to implement the award of the Labour Court dated February 2, 1978 as modified by this Court on 4.10.1996. A further direction was also issued to the respondent-corporation by this Court to implement the modified award of the Labour Court in its entirety on or before 17th November, 1997. It was also directed that the respondent-Corporation will pay interest @ 15% per annum on the amount of back wages and other allowances payable to the petitioner from the date of award till date of payment. The operative part of the judgment passed by this Court in CWP No. 10776 of 1997 decided on October 22, 1997 reads as under :- "Having heard Councel for the parties and after perusing the record, we direct the respondent-Corporation (Management) to implement the modified award of the Labour Court in its entirety on or before November 17, 1997. This will, however, be subject to any order that may be passed by the Letters Patent Bench in the appeal preferred by the management. Management is further directed to pay interest @ 15 per cent per annum on the amount of back wages and other allowances payable to the workman from the date of the award till the date of payment.";