Executive Officer, Nagar Palika, Chittorgarh v. Mustaq Khan
2005-04-19
GOVIND MATHUR
body2005
DigiLaw.ai
Judgment Govind Mathur, J.-By this writ petition, a challenge is given by the petitioner to the award dated 31.05.2004 passed by the learned Judge, labour Court, Bhilwara Camp Chittorgarh in Labour Case No.31/2001 Mustaq Khan @ Mustka vs. Executive Officer, Muncipal Board, Chittorgarh. 2. By the award impugned, learned labour Court held the retrenchment of the petitioner void ab initio being in violation of mandatory condition precedent for valid retrenchment. The labour Court declared the petitioner entitled for retrenchment with 50% back-wages from the date of retrenchment i.e., 312.1997. The finding given by the labour Court with regard to violation of mandatory condition precedent for valid retrenchment is based on evidence which cannot be interfered by this Court exercising powers under Articles 226 and 227 of the Constitution of India. However, it appears that the back-wages granted to the workman computing from 312.1997 appears to be excessive in view of the fact that workman himself admitted that he was in employment in interregnum period. Accordingly, there is no just and valid reason to allow the back wages from the date of retrenchment. 3. In view of it, award impugned dated 31.05.2004 is modified to the extent of grant of back-wages @ 50% of total wages w.e.f. 312.1997 and it is ordered that the workman shall be entitled for back-wages in the tune of its 50% from the date of reference was made by the appropriate Government to the labour Court, Bhilwara by the notification dated 20.04.2000. 4. The writ petition is disposed of accordingly. No order as to costs.