WPMS/2202/2010
2021 Latest Caselaw 1461 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
           ON THE 9TH DAY OF APRIL, 2021
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       WRIT PETITION (M/S) No. 2202 of 2010

BETWEEN:

Mahendra Prasad Jakhmola
and others.                                        .......Petitioners
       (There is no representation for the petitioners)

AND:
Presiding Officer, Labour Court,
Haridwar and others.                             ....Respondents
       (Mrs. Mamta Bisht, Deputy Advocate General for the
       State    of   Uttarakhand   and   Mr.   V.K.   Kohli,    Senior
       Advocate, assisted by Mr. Kanti Ram Sharma, Advocate
       for respondent nos. 2 & 3)


                          JUDGMENT

Petitioners raised an industrial dispute against termination of their services. The said dispute was referred to Labour Court, Haridwar and the learned Labour Court declared their termination to be illegal, however, it was further provided by learned Labour Court that petitioners shall not be entitled to get any back wages.

2. This writ petition has been filed by the petitioners, claiming back wages from the date of termination till the date of award.

3. Learned Senior Advocate appearing for the employer/respondent nos. 2 & 3 has produced in Court today the judgment dated 20.02.2019 rendered by Hon'ble Supreme Court in Civil Appeal Nos. 1799-1800 of 2019, Bharat Heavy Electricals Ltd. Vs. Mahendra Prasad Jakhmola and others, which is taken on record.

4. A perusal of the said judgment reveals that Hon'ble Supreme Court was pleased to set aside the award dated 01.11.2009 given by Labour Court, Haridwar and also the judgment rendered by a Co- ordinate Bench of this Court on 24.04.2014.

5. Since the award rendered by learned Labour Court has been set aside by Hon'ble Supreme Court, therefore, the claim for back wages by the petitioners in the present writ petition is not sustainable.

6. Accordingly, the writ petition fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Arpan