- (1.) HEARD learned Counsel for the Appellant.
(2.) LEARNED Counsel for the Appellant submitted that learned Single Judge committed serious error of law by denying 50% of back wages which has been awarded to the Petitioner/Appellant by the Labour Court. Learned Counsel for the Appellant relied upon a judgment of Hon'ble Supreme Court reported in : 2002 (2) SCC 244 in support of his contention. After going through the facts of the case, we are of the considered opinion that the award of 100% back wages in the facts and circumstances is not the rule but the award of back wages depends on the facts of each case. Here in this case learned Single Judge has considered the fact that the Appellant did not do the work for a very long period of more than a decade. However, contention of the Appellant may be that he was prevented by the employer himself in doing the job in spite of his best efforts.
(3.) WE are not inclined to interfere with the order as has been passed by the learned Single Judge after considering the judgment of the Hon'ble Supreme Court. The L.P.A. is dismissed accordingly.;