Such removal was challenged by him before the Labour Court I, Bhopal.
The Board challenged the order of the Industrial Court before the High Court which by the impugned judgment dated 8th October 2002 held that when a charge was number established at all and the order of removal is set aside award of back wages was the natural companysequence.
Direction was given for reinstatement of employee by granting opportunity to the Board to prove his misconduct.
The High Court of Madhya Pradesh at Jabalpur held it to be so, and that is why the Madhya Pradesh State Electricity Board hereinafter referred to as the Board filed this appeal.
In the departmental inquiry he was found guilty and was removed from service on 20.1.1996.
The said Court held that since departmental inquiry was number companyducted in accordance with the principles of natural justice, the dismissal was bad.
Factual background which is almost undisputed is as follows One Habib Khan hereinafter referred to as the employee husband of respondent Smt.
While directing reinstatement, it was held that he was number entitled to any back wages.
On the allegation that he was responsible for theft of large quantity of aluminum wire, criminal case was lodged and departmental proceedings were initiated.
Both the Board and the employee preferred appeals before the Industrial Court, Bench at Bhopal.
J U D G M E N T Arising out of SLP C No.
By order dated 11.2.2002, the Industrial Court allowed the appeal filed by the employee, while dismissing the one filed by the Board.
Jarina Bee, was employed as a Line Attendant, Grade II in the Board.
3092 OF 2003 ARIJIT PASAYAT, J. Leave granted.
The primal issue involved in this appeal is whether award of full back wages is the natural companysequence when an order of dismissal is set aside.
