Management of Ryan International School vs Ranjanna N.

Mr. Subhro Kamal Mukherjee, C.J.—These appeals are filed against the judgment and order dated September 21, 2016, in a batch of writ petitions.

The Hon''ble Single Judge allowed the writ petitions in part and directed payment of 50% per centum back-wages to the employees

The writ petitioners were employed as drivers in the school. Their services were terminated. Before the Labour Court, it was found that the termination was illegal. Although the Labour Court directed reinstatement of their services, it did not grant back-wages.

The Hon''ble Single Judge is right in holding that when it was round that the termination of their services was illegal, the workmen-drivers were entitled to back-wages, unless it was proved that they were gainfully employed.

No evidence is placed on record to show that the workmen were employed elsewhere. Consequently, in the facts and circumstances of the case, the Hon''ble Single Judge rightly exercised His Lordship''s discretion in awarding 50% per centum back-wages.

We find no merit in the appeals. They are dismissed.

In view of the dismissal of the appeals, I.A. No. I of 2016 for stay does not survive for consideration and it is, therefore, dismissed.

We make no order as to costs.