SCA/8217/1995 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8217 of 1995 For Approval and Signature: HON'BLE MR JUSTICE KS JHAVERI ============================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================================== GOVERNMENT OF GUJARAT & 1 - Petitioner(s) Versus KIRITSINH AMARSINH JADEJA - Respondent(s) ============================================================== Appearance : MR KL PANDYA AGP for Petitioner No(s).: 1,2. NOTICE SERVED for Respondent No(s).: 1. ================================================================== CORAM : HON'BLE MR JUSTICE KS JHAVERI Date : 25/07/2005 ORAL JUDGMENT . 1.0 The petitioner State has challenged the award dated 17.02.1995 passed by the Labour Court, Jamanagar, in SCA/8217/1995 2/4 JUDGMENT Reference (LCJ) No.1498 of 1990, whereby the petitioner was directed to reinstate the respondent to his original post with continuity of service and 25 % back wages from 27.06.1989. 2.0 The brief facts of the case are that the respondent herein was employed as a Peon with the petitioner State. It is the case of the petitioners that though the respondent was engaged on ad hoc and temporary basis, he remained absent from duty without prior permission or intimation. On that ground, the services of the respondent came to be terminated on 23.02.1983. 2.1 Against the said order, the respondent raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court, after hearing the parties, by impugned award allowed the said reference as aforesaid. Hence, this petition. 3.0 While admitting the matter on 18.01.1996, this Court had stayed the operation of the impugned award qua payment of back wages only, subject to the provisions of Section 17(B) of the Industrial Disputes Act, 1947. Therefore, the petitioners were required to reinstate the SCA/8217/1995 3/4 JUDGMENT respondent with continuity of service. Hence, the only question which is now required to be considered by this Court is with regard to the payment of 25 % back wages. 4.0 I have heard learned counsel for the parties and perused the documents placed on record. While considering the issue of back wages, the Labour Court has not given any cogent reasons as to on what basis it has awarded back wages to the respondent. It is required to be noted that the respondent had approached the Labour Court after a lapse of almost six years. Hence, it is clear that the respondent had filed the reference only with a view to get some monetary benefit from the award of the Labour Court. Even otherwise, since the respondent has not worked and was also gainfully employed during the interim period, he cannot be said to be entitled for back wages. 4.1 Moreover, in view of the principle laid down by the Apex Court in the case of General Manager, Haryana Roadways v. Rudhan Singh reported in J.T. 2005(6) S.C. pg.137, wherein it has been held that an order for payment of back wages should not be passed in a mechanical manner, but, a host of factors are to be taken SCA/8217/1995 4/4 JUDGMENT into consideration before passing any such order, the order awarding back wages is required to be quashed and set aside. 5.0 In above view of the matter, this petition is partly allowed. The impugned award of the Labour Court is modified to the extent that the direction qua granting reinstatement with continuity in service is confirmed; and, the direction qua awarding 25 per cent back wages is quashed and set aside. The respondent shall be entitled for all benefits from 01.03.1995 to till he is reinstated in service. Rule is made absolute to the aforesaid extent with no order as to costs. (K. S. JHAVERI, J.) pravin/ *