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Judgment
Govind Mathur, J.—By this petition for writ a challenge is given to the validity, correctness and propriety of the award dated 5.3.2008 passed by learned Labour Court, Udaipur in case No. 35/1991 LCR, Shri Chhotalal v. the Commissioner Municipal Council, Udaipur.
The only argument advanced by counsel for the petitioner is that the court subordinate erred while awarding 50% of the back wages to the petitioner.
3.From perusal of the facts averred in the award impugned it is apparent that the workman was employed with Municipal Council, Udaipur on 16.6.1986 as Helper and he was retrenched from service on 1.2.1990 without adhering the mandatory condition precedent to do so as prescribed u/s 25F of the Industrial Disputes Act, 1947.
It is well settled that retrenchment of a workman without adhering the mandatory condition precedent to do so is void ab-initio and in normal course the workman in the event of his reinstatement is entitled for complete back wages. However, in the present case learned Labour Court after considering peculiar facts and circumstances of the case granted only 50% of back wages. Counsel for the petitioner utterly failed to point out any illegality in grant of such back wages. The award impugned, thus, is not suffering from any error that may warrant interference of this Court while exercising powers under Articles 226 and 227 of the Constitution of India.
The petition for writ is dismissed accordingly