Jaipal Sharma And Anr. vs The P.O., Labour Court No. Viii And ...
2002 Latest Caselaw 1595 Del

JUDGMENT

Madan B. Lokur, J.

1. The petitioners have challenged the Award dated 10th May, 1999 passed by the learned Labour Court in I.D. No. 171/1988.

2. The challenge is to the denial of 100% back wages. The learned Labour Court has granted 50% of the back wages by merely stating that "ends of justice" will be served if the petitioners are granted 50% of the back wages.

3. From the impugned Award, there is nothing to indicate how the "ends of justice" will be served if full back wages are not given and only a part of the back wages is given. The petitioners worked for as long as four years with the respondent and their termination was held to be unjustified.

4. In view of the fact that there is no discussion on this aspect and no reason has been given by the learned Labour Court, there is no option but to allow the writ petition and direct that the petitioners be paid full back wages from the date of the demand notice, that is, 10th February, 1988 till the date of reinstatement. Fifty percent of back wages have already been received. The respondents are liable to pay balance of the back wages.

5. The writ petition stands disposed of.