Govind Mathur, J. - (1.) While answering a reference made to it by the appropriate Government under a notification dated 25th September, 1997, Labour Court, Bikaner under the award dated 16th August, 2000 declared termination of the respondent workman from service bad and thus, directed for his reinstatement in service with 25% of back wages. Being aggrieved by the same, this petition for writ is preferred. The Court on 03rd January, 2002 while issuing notice to respondent workman limited scope of the petition for writ to the extent of grant of back wages only.
(2.) It is stated by Shri P.K. Lohra, appearing on behalf of petitioner Corporation that the petitioner remained in service of the employer from 30th April, 1985 to 06th January, 1986 and at the first instance, the workman raised his cause by way of filing civil suit on 27th October, 1988. The Civil Suit aforesaid came to be dismissed as withdrawn on 22nd December, 1995. After withdrawal of the suit aforesaid, the petitioner raised an industrial dispute, reference of which for adjudication was made on 25th September, 1997. It is asserted that whatever delay caused in the matter, that is because of the workman himself and therefore, the relief granted by the Labour Court relating to grant of back wages is wholly unjustified.
(3.) On the other hand, stand of the respondent workman is that his termination from service was made on 06th January, 1986 erroneously and therefore, the Labour Court rightly awarded 25% of total back wages.;