Items No.106-122
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.Nos.475, 429, 430, 442, 443, 476, 477, 478,
479, 480, 481, 493, 495, 496, 503, 526 & 529 OF 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 22.02.2021
on which date, learned counsel for the respondents/workmen had
stated that if the appellant/Department is willing to accept the impugned Award dated 30.08.2013, then the workmen will not press for the backwages for the period between the years 1998 to 2010. Learned Assistant Solicitor General of India sought time to obtain instructions from the Department.
2. Today, learned Assistant Solicitor General of India appearing for the appellant/Department states on instructions that the quantum of backwages for the period between 2010 to 2021 would also be too burdensome and if the period of backwages is further reduced, the appellant/Department would be willing to accept the impugned Award.
3. On enquiring from Mr. Ravi Mohan, learned counsel for the respondents/workmen, he fairly states that the workmen are willing not to press for the backwages for the period up to the year 2015, which offer has been accepted by the other side.
4. Accordingly, with the consent of the parties, the impugned common order dated 08.01.2020, passed by the learned Single Judge W.A.Nos.475 of 2020 & batch Page 1 of 2 upholding the Award dated 30.08.2013 passed by the Industrial Tribunal in favour of the respondents/workmen is modified to the extent that no backwages would be payable by the appellant/Department to the respondents/workmen for the period with effect from 1998 to 2015. In other words, the appellant shall reinstate the respondents/workmen along with backwages payable from 01.01.2016 onwards. The respondents/workmen shall report for duty at the office of the appellant on 01.05.2021.
5. The present appeals are disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 15.03.2021 Lrkm/pln W.A.Nos.475 of 2020 & batch Page 2 of 2