- (1.) This special appeal is directed against the order dated 26.3.09 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant seeking direction against the respondents for payment of amount due in terms of the award dated 29.2.84 passed by the Labour Court, Udaipur, as modified vide order dated 29th August,96 by the Hon'ble Supreme Court, has been dismissed and the appellant has been relegated to the remedy available u/s 33 C(2) of the Industrial Disputes Act, 1947( in short the Act of 1947 hereinafter).
(2.) By award dated 29.2.84, the petitioner's removal from service was held to be illegal by the Labour Court, Udaipur and accordingly, directions were issued for his reinstatement in service will full back wages.
(3.) A writ petition preferred by the employer assailing the aforesaid award was dismissed by the learned Single Judge of this court vide order dated 6.12.85. A special appeal preferred by the employer assailing the order dated 6.12.85 passed by the learned Single Judge also failed. However, on Special Leave Petition being preferred by the employer, the award passed by the Labour Court dated 29.2.84 was modified by the Hon'ble Supreme Court to the extent of back wages and the appellant was held entitled for 50% of the back wages.;