Allahabad High Court
Devesh Pratap Singh Rathore S/O Late ... vs Sahara India Through Its Chairperson ... on 7 July, 2010
Author: Satyendra Singh Chauhan
Bench: Satyendra Singh Chauhan
Court No. - 22 Case :- MISC. SINGLE No. - 5188 of 2009 Petitioner :- Devesh Pratap Singh Rathore S/O Late Dular Singh Rathore Respondent :- Sahara India Through Its Chairperson And Another Petitioner Counsel :- Ramesh Kumar Singh Respondent Counsel :- Waseequddin Ahmed Hon'ble Satyendra Singh Chauhan,J.
Case has been taken up in the revised list but learned counsel for the opposite parties is not present.
Heard learned cousnel for the petitioner.
Through this petition the petitioner has challenged the award dated 5.8.2008 passed by the Industrial Tribunal..
The award has been challenged on the limited ground that the petitioner has been ordered 20% back wages from July 2004 to the date of reinstatement. Learned cousnel for the petitioner submits that 50% back wages should be awarded to the petitioner when the employee is out of job. The award of back wages from July 2004 is justified in the facts of the present case on account of the fact that the petitioner has delayed in approaching the Labour Tribunal although his services were were terminated in the year 1999 .
In view of the settled law of the Apex Court in the case of Reetu Marbels Vs Prabhakant Shukla, (2010)2 SCC70, the ends of justice would be met if the petitioner is awarded 50% back wages from July 2004. The award is modified to that extent.
The writ petition is accordingly disposed of. Order Date :- 7.7.2010 BLY