Jagdish Singh vs Chairman-cum-Managing Director, Satluj Jal Vidut Nigam and Others

V.K. Sharma, J.—The grievance of the Petitioner, who has been ordered to be reinstated alongwith seniority and continuity in service from the date of his termination w.e.f. 29.07.2004, as per the impugned award dated 31.07.2010, passed by the learned Presiding Judge, H.P. Industrial Tribunal-cum-Labour Court, Shimla, in Reference No. 163 of 2006, Jagdish Singh v. The Chairman-cum-Managing Director, Satluj Jal Vidut Nigam, Limited and Ors. u/s 10 of the Industrial Disputes Act, 1947 (in short ''the I.D. Act''), is with regard to denial of backwages. He is seeking modification of the impugned award dated 31.07.2010 by grant of full backwages alongwith incidental benefits from the date of his termination.

The legal position with regard to grant of backwages is by now fairly settled. It would be seen that grant of such relief is not a natural corollary consequent upon quashing of illegal termination followed by reinstatement alongwith continuity in service and seniority and more so in a case as the present one, as has been held by the Hon''ble Apex Court in Kallakurichi Taluk Co-op. Housing Society Ltd. Vs. M. Maria Soosai and Others, .

In view of the findings of the learned Tribunal-cum-Labour Court on issue No. 2, which are extracted below, the irresistible conclusion that emerges is that the Petitioner is not entitled for any backwages and has been rightly held not entitled to the same:

Issue No. 2

It has not been alleged by the Petitioner that he is unemployed. In order to claim back wages, it was incumbent upon he Petitioner to have proved this fact that after his termination, he has not been gainfully employed. For want of oral as well as documentary evidence, he has failed to prove this fact. It has been held by the Hon''ble Supreme Court in 2010 (1) SLJ S.C 70, M/s Ritu Marbals v. Prabhakant Shukla that "full back wages cannot be granted mechanically, upon a order of termination be declared illegal. It is further held that reinstatement must not be accompanied by payment of full back wages even for the period when the workman remained out of service and contributed little or nothing to the Industry. " In view of the law laid down by the Hon''ble Apex Court, I am of the view that the Petitioner is not entitled to back wages. However, since his services had been terminated in contravention of the provisions of the Act, I hold that the Petitioner is entitled to reinstatement in service with seniority and continuity but without back wages. Thus, my answer to this issue is in "Yes" accordingly.

Accordingly, the petition is dismissed, being without any merit.