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Judgment
Chandrakantharaj Urs, J.-The petitioner has approached this court nearly one year after the award is made. When the award was made the petitioner was about to retire This fact was not brought to the notice of the labour court, Mangalore. In the result, the labour Court proceeded to make the Award by which, while upholding the charges for misconduct, reduced the penalty of dismissal to one of with-holding of three increments. The grievance now made out is that backwages should be given.
I do not think that it would be a correct assertion. Consequent to setting aside the dismissal order, directing of with-holding of three increments gives ample benefit to the employee, in that he will be entitled to gratuity and other retirement benefits which he should have lost if dismissal order was sustained. The charge of misconduct has been proved. Therefore this court should not interfere with the order which rightly has not directed payment of back-wages.
Petition is misconceived. It is rejected.