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2005 DIGILAW 52 (SC)

CHIEF MEDICAL OFFICER, MANDSAUR v. NARENDRA SINGH

2005-01-10

A.R.LAKSHMANAN, ASHOK BHAN

body2005
ORDER 1. Leave granted. 2. Admittedly the respondent workman had worked for more than 240 days. The respondents services were terminated in the year 1989 whereas the reference application was made in the year 1995 i.e. after the delay of six years. The Labour Court vide its award dated 13-5-2002 held that services of the respondent workman were terminated without payment of retrenchment compensation as provided under Section 25-F of the Industrial Disputes Act. Accordingly, in view of this finding the Labour Court directed reinstatement of the respondent with full back wages from the date of termination of service till the date of reinstatement. 3. The order passed by the Labour Court has been affirmed by the High Court by its impugned judgment. 4. This Court on 8-5-2003 issued a limited notice in regard to the question of back wages only. After hearing counsel for the parties, we modify the award of the Labour Court as well as the order passed by the High Court and restrict the back wages from the date of passing of the award by the Labour Court instead of from the date of termination. The arrears of back wages be paid to the respondent workman within eight weeks from today. 5. The appeal is disposed of in the above terms.