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Judgment
Ravi Malimath, J
Aggrieved by the order dated 19.11.2012 passed by Labour Court-cum-Industrial Tribunal, Dharamshala, District Kangra, H.P., in ordering reinstatement without back wages, the State has filed this petition.
Mr. R.P. Singh, learned Deputy Advocate General, for the petitioners, contends that the order passed by the Labour Court is erroneous. The Labour Court failed to understand the material on record. That by ordering reinstatement, various other persons will get affected and, hence, no relief can be granted to the respondent. The same is disputed by the respondent.
On hearing the learned counsels, I do not find any merit in this petition. The Trial Court has considered the entire evidence and material on record. So far as even the delay in raising a dispute is concerned, the judgment of the Hon'ble Supreme Court was relied upon to hold that delay cannot deny the rightful claim of the employee. Even otherwise, what has been ordered vide the impugned order, is reinstatement of the employee without any back wages. Therefore, even if his reinstatement has been effected with effect from February, 2000, he will not get any monetary benefits for the said period, except retaining his seniority and continuity in service.
Under these circumstances, I do not find that there is any reason to interfere in the well considered order passed by the Labour Court. Consequently, this petition is dismissed.