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Rajasthan High Court · body

2003 DIGILAW 1484 (RAJ)

General Manager, Northern Railway v. Judge, CAT

2003-11-04

ANIL DEV SINGH, K.K.ACHARYA

body2003
JUDGMENT 1. The respondent workman was appointed as casual labour against temporary vacancy on 29.10.1977. After he had worked for more than 240 days, his services were terminated on 8.8.1978 in contravention of Section 25-F of the industrial Disputes Act. The respondent Workman raised an industrial dispute only on 10.11.1982. The matter was referred by the appropriate Government to the Labour Court. The Labour Court held the order of termination to be violative of Section 25-F of the Industrial Disputes Act and directed reinstatement of the respondent workman from the date of his termination till the date of his reinstatement viz. 28.12.83 with full back wages. The appellant not being satisfied with the order passed by the Labour s Court filed a writ petition before this Court. The learned Single Judge partly allowed the petition of the appellant and directed that the workman should be pad only half of the wages from the date of termination till the date of his re-engagement. The appellant still not being satisfied with the order of payment of half of the wages to the respondent workman has filed the instant to appeal. 2. We have heard learned counsel for the parties. 3. The respondent workman was removed on 8.8.1978 but did not raise any dispute until 10.11.1982. He raised the dispute only after four years and three months. Since, the dispute was raised after a long delay. the Tribunal is was not right in awarding full back wages. Even the learned Single Judge was not right in awarding hail' of the wages from the date of termination upto the date of re-engagement. The delay in approaching the appropriate Government and raising the industrial dispute are relevant factors for awarding the relief of back-wages. Since the respondent workman raised the industrial dispute after an inordinate delay, it can be assumed that he must have been gainfully employed elsewhere. 4. In the circumstances, therefore, we modify the impugned order passed by the learned Single Judge by holding that the respondent workman is not entitled to the payment of any back-wages until the date he raised the industrial dispute. Thus respondent workman is not required to be paid back-wages from 8.8.1978 to 10.11.1982. The respondent workman however. will be entitled to wages from 11.111982 till 22.12.1983 the date on which he was reinstated pending the conciliation proceedings. Thus respondent workman is not required to be paid back-wages from 8.8.1978 to 10.11.1982. The respondent workman however. will be entitled to wages from 11.111982 till 22.12.1983 the date on which he was reinstated pending the conciliation proceedings. The wages for this period shall be paid to the respondent workman at the full rate within a period of sixty days. 5. The appeal is. accordingly disposed of.Appeal Disposed of by Modifying Award as Above. *******