STATE OF M P Vs. PREM BAI

JUDGEMENT

(1.) HEARD the learned Govt. Advocate for the appellant as well as the learned counsel representing the contesting respondent.

(2.) THE facts as brought on record indicate that the contesting respondent-Smt. Prema Bai had initiated the proceedings under the provisions of the Industrial Disputes Act, challenging her termination from service with effect from 14-2-1982 whereupon on a reference having been made by the State Government, the Labour Court vide its award dated 3-10-91 had declared her termination to be illegal and issue a direction for her reinstatement in service providing further that so far as backwage was concerned, she would be entitled to 50% of the wages only.

(3.) THE workman respondent initiated proceedings under Section 33-C (2) of the Industrial Disputes Act, 1947 registered as Case No. 15/92 for recovering the backwages as directed by the Labour Court. She had reported for duties on 27-1-1992 but she was not reinstated in service, there, she initiated another proceeding under Section 33-C (2) as Case No. 16/93 praying for recovery of the amount of the wages from the date of her reporting for joining till 31-10-1993 quantifying the amount payable to her stood withheld at Rs. 23,250/ -. Both the cases are still pending before the concerned Labour Court as stated by the learned counsel for the contesting respondent which fact is not disputed, by the counsel for the petitioner.