- (1.) HEARD learned counsel for the parties. The petitioner is aggrieved by the order passed by the learned single Judge in modifying the award passed by the Labour Court, Jodhpur on April 26, 1994 by allowing the back wages with effect from the date of making of reference instead of from the date of termination of services.
(2.) THE facts of the case are, as found by the Tribunal, that the appellant was appointed, in the first instance, temporary in place of deceased employee Deva Ram as his dependent son on compassionate ground on October 14, 1986. This order dated October 14, 1986 by giving him appointment against the available vacant post, was cancelled without notice and his service was first converted into appointment as daily rated workman by a subsequent order dated February 1, 1987. Finally, on June 2, 1988 his services were terminated. The respondent State has pleaded that his services were not terminated, but he has voluntarily absented himself from duty. Be that as it may, the Labour Court found that since workman has already completed 2 years services on workcharged establishment, he became entitled to semi-permanent status. Termination of services on June 2, 1988 were in violation of provisions of Industrial Disputes Act and retrenchment was invalid. The plea of voluntary abandonment was not accepted. He also noticed that there is no hitus between the termination of services and raising of dispute about illegal termination and reference was made on June 8, 1990 of the industrial dispute ordered reinstatement with full back wages with effect from the date of termination of service which is ordinarily as a rule, relief granted when retrenchment is found to be invalid. Against the award dated April 26, 1994 the employer preferred a writ petition and the learned single Judge disposed of the writ petition by the following order: "after hearing Mr. P. P. Dave learned counsel for the petitioner and Mr. J. Gehlot for respondent No. 1 and considering the judgment of this Court in Union of India v. Judge, Labour Court-cum-Industrial Tribunal, Jodhpur in S. B. Civil Writ Petition No. 3407/1997 decided on July 29, 1998, the impugned award dated July 25, 1998, is modified only to the extent that the respondent workman shall be entitled for back wages from June 8, 1980, the date of reference with these observations the petition stands disposed of. "
(3.) IT is apparent that award has been modified by learned single Judge in respect of back wages by reducing the back wages with effect from the date of making of reference instead of from the date of termination of services without assigning any reason for such modification.;