- (1.) THE appellant -Management filed a writ petition, challenging the award passed by the Industrial Tribunal, whereby the tribunal held that the order of dismissal was disproportionate to the charge proved and set aside the order of dismissal, directing reinstatement of the workman with 50% of the back wages as measure of punishment.
(2.) LEARNED single Judge, after hearing the counsel for the parties and perusing the award passed by the tribunal, dismissed the writ petition and confirmed the award. Hence, this appeal. While the appeal was entertained, this Court thought it fit to admit the same only on the question of payment of back wages even to the extent of 50 per cent and ordered for issuance of notice to the respondent -workman. Despite service of notice, none has appeared on behalf of respondent.
(3.) MR . A.K. Mehta, the learned Counsel for the appellant -Management, would cite various authorities to show that direction for payment of either full back wages or 50% of the back wages at the time of ordering reinstatement of the workman is not valid in law and contend that in this case, the tribunal, having held the domestic enquiry conducted to be fair and proper and having held the charge of misconduct proved, ought not to have ordered for payment 50% back wages, while directing for reinstatement.;