HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2762 of 2006 Date: December 02, 2010 Between: The Depot Manager, A.P.S.R.T.C., Uppal Depot, Hyderabad. .. Petitioner And 1. L. Ramesh & another. … Respondents * * * HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2762 of 2006 ORDER: The petitioner-Management has challenged the award dated 06th June 2005 passed by the Presiding Officer, Additional Labour Court, Hyderabad vide which the respondent-workman was ordered to be reinstated in service with all attendant benefits, but with 50% of back wages. The Labour Court found that the Management illegally terminated the services of the workman. 2. The counsel for the Management submits that the workman never worked from the date of his removal and hence awarding of 50% of back wages is very excessive and on the higher side. Learned counsel further submits that immediately after passing of the award by the Labour Court the workman was taken back in service and is still continuing. Counsel for the petitioner has placed reliance on the decision in J.K. Synthetics Ltd., v. K.P. Agrawal and another[1] wherein it was held that even if the court decides to award back wages, then the same can be awarded wholly or partially and would depend upon facts and circumstances of each case. 3. Keeping in view the fact that the workman never worked with the Management from 4-.8.1999 till the date of his reinstatement and the fact that the charges against the workman were not proved by the Management, therefore, ends of justice would be met if the workman is awarded 25% of back wages in stead of 50%. 4. With the aforementioned modification, the writ petition is disposed of. The workman shall be paid 25% of back wages within a period of three months from today. __________________________ ASHUTOSH MOHUNTA, J Date: December 02, 2010. BSB [1] (2007) 2 SCC 433