- (1.) THE respondents who were appointed on provisional basis were removed from the services of the appellant in the year 1981. Subsequently, in pursuance of the award in Ref. Case No. 58 of 1991, they were reinstated with their full back wages. Later on, for administrative reasons, the provisional appointment of the respondents was withdrawn which they challenged in WP (L) No. 4888 of 2003. The learned single Judge by order dated 17th November, 2003 set aside the said order and directed the appellant Management to regularize the services of the respondents and to give all benefits.
(2.) HAVING heard the counsel for the parties, on 6th December, 2005, we had allowed time to the counsel for the parties to find out whether there could be a settlement with regard to the back wages. Today, when the case was taken up, no affidavit has been filed by any of the parties with regard to the claim of the back wages. In the circumstances, while we are not inclined to interfere with the order of reinstatement, taking into consideration the fact that the case was pending before the Tribunal and then before the Court since long and there was no laches on part of the appellant or the respondents, we direct the respondents to pay 50% back wages for the period the respondents were out of service, within eight weeks from the date of receipt/production of a copy of this order.
(3.) THE order passed by the learned single Judge in the aforesaid writ petition stands modified to the extent indicated above.;