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2007 DIGILAW 2115 (RAJ)

Food Corporation of India v. Presiding Officer, Central Govt. Industrial Court, Tulsi Marg, Jaipur

2007-10-31

ASHOK PARIHAR

body2007
JUDGMENT 1. - Since on similar set of facts common award passed by the Central Government Industrial Tribunal-cum-Labour Court, Jaipur is under challenge, the above writ petitions have been heard together and are being decided by this common order. 2. The dispute in regard to termination of services of the respondents the concerned workmen in all the writ petitions, were raised before the Conciliation Officer and the same had been referred to the Tribunal for adjudication. The Tribunal on the basis of evidence on record, came to a finding that there has been clear violation of Section 25-F. The plea of abandonment and employment through contractor taken by the petitioner has also not been accepted by the Tribunal. Thus while ordering reinstatement of all the concerned workmen they were also awarded 50% back wages wide impugned award dated 13.2.2006. 3. After hearing counsel for the parties I have carefully gone through the material on record. Since on the basis of findings relying on judgment of Supreme Court, proper discretion has been used by the Tribunal in ordering reinstatement, I find no error or illegality in the same,'however, looking to the nature of employment, I find no justification for allowing any back wages to the concerned workmen. 4. Accordingly, the writ petitions are partly allowed. The impugned common award dated 13.2.2006 is modified to the extent that the concerned workmen shall be entitled for reinstatement on same terms and conditions they were employed at the time of termination from the date of award i.e. 13.2.2006, however, they will not be entitled for any back wages from the date of termination till the date of award. In the interest of justice, the petitioner may now reinstate the concerned workmen within thirty days from the date of receipt of certified copy of this order and also make the payment as ordered above within thirty days thereafter.Writ petition partly allowed *******