Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and while modifying the impugned order award 50 back wages to the workmen in place of full wages.
The Single Judge of the High Court, by order dated 08.07.2008, dismissed the writ petition filed by the appellant and affirmed the award passed by the Labour Court.
By impugned order, the Division Bench of the High Court dismissed the appeal and upheld the order of the Single Judge, which gave rise to filing of this appeal by way of special leave by the appellant employer in this Court.
P1 answered the reference in respondent Unions favour and directed reinstatement of 37 workmen with payment of full back wages in Reference Case No.6 of 2002.
In our companysidered opinion, the Courts below companypletely failed to see that the back wages companyld number be awarded by the Court as of right to the workman companysequent upon setting aside of his dismissal termination order.
The appellant employer , felt aggrieved by the award of the Labour Court, filed writ petition in the High Court of Jharkhand.
By award dated 29.06.2005, the Labour Court Annex.
Being aggrieved by the order of the Single Judge, the appellant filed intra companyrt appeal.
