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2000 DIGILAW 1252 (PNJ)

Mohinder Singh v. Presiding Officer, Labour Court, Amirtsar

2000-10-13

K.C.GUPTA

body2000
Judgment K. C. GUPTA, J. 1. This is a writ petition filed by Mohinder singh, petitioner, under Arts 226/227 of the constitution of India seeking issuance of writ of certiorari; for modification of the Labour court award to the extend that he was also entitled to back wages. 2. Briefly stated the facts arc that the petitioner joined as conductor in Punjab roadways on July 14, 1970 and continued till august 24, 1976, when a departmental action was launched against him and his services were terminated. It was next averred that the petitioner filed an application before the Labour Court, amritsar, and the Labour Court passed the award on July 26, 1982, Annexure PI whereby it was held that the petitioner was entitled to reinstatement with continuity of service but he was not allowed the back wages. Accordingly, the petitioner has filed the present writ petition for modification of award of the Labour Court, dated July 26, 1982, and had prayed that he should also be allowed back wages. 3. On March 7, 1983, notice of motion was issued. Thereafter it was admitted on May 19, 1983. 4. I have heard counsel for the petitioner, sri J. S. Maanipur, Sri H. S. Sran, Deputy advocate-General, Punjab for State of Punjab and carefully gone through the file. 5. In Para 7 of the award of the Labour court, Amritsar, dated July 26, 1982, it was held as under: "the workman is entitled to the reinstatement with continuity of service. So far as back wages are concerned, it is a case in which he should not be given any back wages as he himself had confessed his previous guilt and accepted the order of his fresh appointment. He did not challenge that order giving him the fresh appointment. No doubt on that ground that order cannot be termed to be legal as it is an illegal order as above mentioned but the conduct of this workman in this regard is to be considered for granting him the relief of back wages. He is, therefore, not entitled to any back wages. The respondent is directed to take the workman on the given terms and the workman should report for duty within 30 days of the publication of the award. " 6. Therefore, the petitioner had been reinstated with continuity of service. He is, therefore, not entitled to any back wages. The respondent is directed to take the workman on the given terms and the workman should report for duty within 30 days of the publication of the award. " 6. Therefore, the petitioner had been reinstated with continuity of service. However, he had not been allowed back wages as he himself had confessed his previous guilt and had accepted the order of fresh appointment. In my opinion, once the petitioner had been reinstated with continuity of service then he is also entitled to the back wages. Under issue (2), the Labour Court had held that the order, dated july 22, 1976, was illegal and rather nullity as he could not have been dismissed without following due procedure and conducting regular enquiry and as such there was no question that he was given fresh appointment on purely temporary basis. Thus, according to him, he continued in service, that view is taken, then the Labour Court had no right to disallow the back wages. It has been observed by the full Bench in Hari Palace V/s. Presiding Officer, labour Court and Another 1980-11- LLJ-294 (Pandh); by another Full Bench in Radha Ram v. Municipal Committee Barnala, and another 1983-I-LLJ-163 (Pandh) and by the single Bench in Ram Singh V/s. State of Haryana and others [r. S. A. No.1213 of 1999, decided on december 8, 1999], that once the termination is found to be bad, then it necessarily follows that employee in the eye of law continued to be in service and as a necessary corollary, he will be entitled to all the emoluments following from that status. Therefore, to my mind, the petitioner is entitled to back wages and there is no question that he had been given fresh appointment as he continued in service and the order, dated July 22, 1976, willbe treated as non est. 7. Consequently, this writ petition is accepted and the order, dated July 26, 1982, is modified and the petitioner is entitled to be reinstated with full back wages.