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 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT APPEAL No.143 OF 2009

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

20.11.2008          passed        by     the      learned       Single   Judge   in

W.P.No.22482 of 2000.

        The undisputed facts of the case reveal that the appellant

before this Court was working as a Driver in the services of the

erstwhile Andhra Pradesh State Road Transport Corporation. A

departmental enquiry took place in the matter. The disciplinary

authority has inflicted the punishment of removal from service

on 30.11.1996 against which an appeal was preferred by the

appellant/employee and the appellate authority has dismissed

the appeal preferred in the matter. The appellant/employee

preferred a petition in I.D.No.279 of 1996 under Section 2-A(2)

of the Industrial Disputes Act, 1947 being aggrieved by the

order of removal and the Labour Court passed an award dated

06.04.20200 directing reinstatement into service with continuity

of service, with full back wages and attendant benefits. Against

the award of the Labour Court, a writ petition was preferred by

the respondent Nos.1 and 2/employer.                            The learned Single

Judge, keeping in view the judgments delivered by the Hon'ble

Supreme Court in the cases of Usha Breco Mazdoor Sangh vs.

Management of M/s. Usha Breco Ltd., and another1, J.K.

Synthetics Ltd. vs. K.P.Agrawal and another2 and U.P.State

Brassware Corpn. Ltd. vs. V.Uday Narain Pandey3, has

affirmed the order of reinstatement into service, however back

wages have been confined to 50%.

It is true that the charges before the Labour Court were

not proved by the employer, but the fact remains that the

appellant/employee has not worked at all during the period he

was out of service i.e., three years and the learned Single Judge,

keeping in view the totality of circumstances of the case, has

awarded 50% of back wages.

In the considered opinion of this Court, there cannot be a

straightjacket formula for awarding back wages. Grant of back

wages differs from case to case. Therefore, 50% of back wages

has rightly been granted to the appellant/employee. This Court

does not find any reason to interfere with the order passed by

the learned Single Judge.

Resultantly, the writ appeal stands dismissed.

(2008) 5 SCJ 439

(2007) 2 SCC 433

(2006) 1 SCC 479

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

03.03.2022 JSU