N.D.M.C. vs Vijay Pal Singh and Others

Mukul Mudgal, J.—Rule.

With the consent of the parties, the matter is taken up to-day for final hearing.

This writ petition challenges the Award dated October 7, 1999, passed by the Labour Court directing the reinstatement with full back wages and continuity of service in favor of the workman/respondent No. 1 herein on account of the Labour Court recording a finding that Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the ''Act'') was not complied with as more than 240 days service had been put in by the respondent No. 1.

In so far as the challenge to the finding on Section 25-F of the Act which was said to be violated by non-compliance thereof, para 4 of the written statement clearly states that the respondent No. 1 worked from August 1985 to November 1988 with breaks in service but the breaks in service were not specified. Since breaks in service were either specified or deposed to by the petitioner this pleading Therefore, does not deny the averment of the respondent No. 1 of working for 240 days with the petitioner entitling him to protection u/s 25-F of the Act.

In this view of the matter, the finding about violation of Section 25-F of the Act is unassailable and is accordingly affirmed. However, considering the fact and the circumstances of the case, and the passage of time it is appropriate that the award where it grants full back wages in favor of the workman may be modified. Accordingly it is directed that the award dated October 7, 1999 in so far as it grants back wages upon reinstatement is modified and only 50% of the back wages will be paid to the respondent No. 1/workman upon reinstatement within 12 weeks from today.

The writ petition stands disposed of accordingly.