- (1.) (FOR himself and on behalf of R. N. Mittal, J. ).--What criteria should govern the grant of full back wages to a workman under the industrial law, when the termination of his services is held invalid by the Labour Court and the relief for reinstatement is granted to him is the sole, though significant, question which had necessitated the admission of these two connected writ petitions (C. W. P. No. 3521 of 1977, Hari Palace, Ambala City v. Presiding Officer, Labour Court, etc. and C. W. P. No. 4414 of 1978, Dharam Paul Chadha v. The Presiding Officer, Labour Court, etc.), for a hearing before a Full Bench.
(2.) AT the very outset it deserves highlighting that the matter is so squarely covered by a recent judgment of the final Court that it would be patently wasteful to elaborate the issue either with regard to the principle or to precedent. Therefore, a brief reference to the averments in C. W. P. No. 3521 of 1977, Hari Palace v. Presiding Officer, etc. would suffice to give the necessary background giving rise to the legal issue aforesaid.
(3.) THE petitioner firm claims that their employee-respondent No. 2, Shri Walaiti Ram, had on his own accord resigned from his job, which was duly accepted by it. However, about two weeks thereafter respondent No. 2, is alleged to have demanded reinstatement on the plea that his services were illegally terminated on 18th October, 1975. An industrial dispute was raised, which on a reference to the Labour Court was decided in favour of the respondent-workman. It was held by the Labour Court vide its order dated 7th April, 1977 that the alleged resignation of the workman was not a genuine document and the termination of his services was unjustified. It accordingly allowed to the workman the relief of reinstatement with effect from 18th October, 1975, with continuity of service and also granted full back wages from the said date.;