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Judgment
D. Murugesan, J.—This writ petition has been filed against the award of the Labour Court in refusing 50% per cent of back wages while directing reinstatement with remaining 50 per cent to be paid. It is not in dispute that the order of termination of the petitioner was held bad by the Labour Court. For denial of 50 per cent back wages, the Labour Court has stated as follows:
(Vernacular matter omitted)
From a cursory reading of the above, it is obvious that the Labour Court has not applied its mind much less the judicial mind. No material is placed before the Labour Court for denying 50 per cent of back wages. The discretion which is sought to be exercised by the Labour Court has not been properly exercised as the denial of back wages is not supported by acceptable reason and has been made in a casual manner. On this sole ground the award of the Labour Court denying 50 per cent of back wages is liable to be set aside. Accordingly, the same is set aside and the matter is remitted back to the Labour Court for reconsideration as to the denying of 50 per cent back wages only to the petitioner. Such order shall be passed by the Labour Court within two months from the date of receipt of copy of this order. The writ petition is allowed accordingly. No costs.