Allahabad High Court
Durga Singh And Ors. vs Labour Court And Ors. on 20 November, 1996
Equivalent citations: (1999)IIILLJ57ALL, (1997)1UPLBEC71
Author: M. Katju
Bench: M. Katju
JUDGMENT M. Katju, J.
1. This writ petition has been filed against the impugned award of Labour Court, Dehradun dated August 31, 1995, Annexure 1 to the petition.
2. In this case on August 13, 1996, learned standing counsel was granted one month to file counter affidavit and thereafter on October 3, 1996 he was granted three weeks and no more time to file counter affidavit but as yet no counter affidavit has been filed.
3. I have heard learned counsel for petitioner and learned standing counsel.
4. The petitioners are working under the control of Respondent Nos. 2 and 3 in Kalagarh district Pauri Garhwal. The petitioners services were terminated in 1976 and they raised an industrial dispute which was referred to the Industrial Tribunal, Lucknow which decided the dispute by its award dated July 25, 1978, true copy of which is Annexure 2 to the petition. By this award the termination of service was set aside and it was held that they are entitled to be continued in service, and for the period of absence of work they were to be paid arrears according to the rules. When the petitioners were not paid backwages they filed an application under Section 33C(2) of the Industrial Disputes Act and an order dated February 18, 1981, Annexure 3 to the petition, was passed. Aggrieved by this order of the Labour Court, the respondents filed writ petition No. 13143 of 1981 which was dismissed by this Hon'ble Court on November 22, 1983 vide Annexure 4 to the petition. It may be mentioned that the petitioners were not reinstated immediately after the award of the Tribunal but they were reinstated only in 1979. Subsequently by order dated January 19, 1979 the services of the petitioners were again terminated w.e.f. February 20, 1979. Against that termination the petitioners filed Writ Petition No. 1252 of 1979 which was allowed by this Court on November 13, 1991 vide Annexure 5 to the petition and the termination order dated July 19, 1979 was quashed and the petitioners were directed to be paid backwages.
5. By means of order dated August 31, 1995 the Labour Court has awarded 50% of the backwages to the petitioner. The contention of the petitioner is that they should have been granted full backwages and not 50%. In my opinion the contention of the learned counsel for petitioners is correct. It is settled law that normally when a termination order is set aside full backwages have to be awarded and it is only in exceptional case that it is not. No such exceptional circumstance has been pointed out in the impugned order. At any event the Labour Court in proceedings under Section 6-H(2) of the UP. Industrial Disputes Act can only act as an execution Court and it cannot go behind the judgment dated November 13, 1991. Hence this petition is allowed. The order dated August 31, 1995 is modified and it is directed that the petitioner will get full backwages.
6. Writ petition is allowed. No order as to costs.