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1981 DIGILAW 162 (SC)

DURG DISTRICT METAL AND ENGINEERING WORKS UNION v. MANAGING PARTNER,bhilai CONSTRUCTION COMPANY,industrial ESTATE,bhilai DISTRICT,durg,M. P.

1981-03-09

A.N.SEN, V.D.TULZAPURKAR

body1981
Judgment Tuliapurkar, J. ( 1 ) SPECIAL leave granted. ( 2 ) AFTER hearing counsel on either side we feel that the only question that needs consideration relates to back wages for the period 13/05/1971 till the order of reinstatement. The matter is remanded back to the Labour court, Durg, to decide the question whether the workmen were gainfully employed or not during that period. In case it is found that they were employed they would not get anything by way of back wages. But if it is found that they did not work elsewhere during that period they would be entitled to back wages for the said period. The appeal is disposed of accordingly with no order as to costs.