A writ petition was filed challenging an industrial tribunal award. The court found the petition infructuous as the respondent resigned after reinstatement and no longer claimed full back wages.
The writ petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 57
Case :- WRIT - C No. - 51776 of 1999
Petitioner :- U.P.S.R.T.C. Respondent :- State Of U.P. And Others Counsel for Petitioner :- Samir Sharma,Sunil Kumar Mishra Counsel for Respondent :- C.S.C.,A.K. Srivastava
Hon'ble Pankaj Bhatia,J.
Heard Sri Sunil Kumar Mishra, learned counsel for the petitioner and Sri Gaurav Mishra holding brief of Sri A.K. Srivastava, appearing for the respondents.
The present writ petition arise out of an award passed by labour Commissioner on 22.12.1998 whereby the dispute was raised to the effect whether Saroj Kumar Singh son of Sri Ram Singh conductor was rightly dismissed on 20.8.1994 in a domestic/departmental inquiry held against him.
The Industrial Tribunal relying upon Section 11(A) of the U.P. Industrial Disputes Act, allowed the parties to lead evidence afresh and after going through the entire evidence as adduced before the Tribunal, concluded on facts that the order of punishment awarded was patently illegal and deserves to be set aside. The said order was accordingly set aside and the workman was held to be entitled to reinstatement with full back wages. There is no averment/evidence on record to adduce before the Tribunal to show that the award of full back wages was unjustified.
Counsel for the petitioner urges that the respondents were given full employment and was thus not entitled to be full back wages as has been awarded by the Tribunal.
Counsel for the respondents states that after the relief of reinstatement was granted, he has resigned from service and as regards the back wages, he informs the Court that on the recommendation/advice, he only pressed for his wages last drawn and not full back wages as awarded by the Tribunal.
In view of the above, the writ petition has become infructuous and is liable to be dismissed. It is, accordingly dismissed as having become infructuous.
Order Date :- 14.12.2018 Hasnain
U.P.S.R.T.C.
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
