S.J.MUKHOPADHAYA, J. - (1.) in this case, the management, Tinplate Company of India Ltd., (Company for short) has challenged the award dated 10/02/1994 passed by learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 6/1988, whereby the management has been directed to pay entire back wages except for the period from 28/08/198 5/10/1985 during which the workman was in custody. The sole question to be determined in this case whether the management is liable to pay back wages till the date of award, except the period in the facts and circumstances of the case or not.
(2.) The admitted fact is that the workman, Kashi Nath Mishra who was in the services of the Company, was taken in custody on 28/08/1985 in pursuance of a criminal case and remained in custody till 25/10/1985 i.e. till he was enlarged on bail. The management struck off the name of the workman from the roll as per provision of order 16(b) of the: Standing Order without any domestic enquiry.
(3.) At the instance of the Union, a conciliation proceeding started and on the direction of the Conciliation Officer, the management agreed to reinstate the workman in service, vide letter No. M-1/10/PD-2805, dated 8/11/1986 (Annexure-I), but without back wages.;