Chief Executive vs Smt Y. Pushpa
2021 Latest Caselaw 757 Tel

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

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