HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 4965 of 2000 ORDER: The Award of the Labour Court, Guntur, in I.D.No.352 of 1992 dated 07.08.1997, is under challenge in this Writ Petition by the petitioner-workman. The petitioner raised a dispute, under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’), seeking reinstatement with continuity of service and back wages. The Labour Court held that, in as much as the workman had worked for more than 240 days in the preceding 12 month period before he was removed from service, his termination was rendered illegal for non-compliance of Section 25-F of the Act, and that he was entitled for reinstatement with continuity of service. Having noted the admission of the workman that he had not given any representation to the first respondent-Management requesting reinstatement, he had kept quiet for three years, and, it is only after the Writ Petition filed by the other workmen was allowed, did he file the present I.D, the Labour Court considered it appropriate to deny him back wages. Grant of back wages, as a consequence of holding the termination of the services of a workman as illegal and the quantum of back wages to be granted in such cases, are matters of discretion to be exercised by the Labour Court. This Court, in proceedings under Article 226 of the Constitution of India, would not sit in appeal over findings of fact and exercise of discretion by Tribunals save patent illegality or perversity. The Labour Court has considered it appropriate to deny the petitioner-workman back wages as he had belatedly approached the Labour Court three years after his services were terminated, and that too only after the petitions filed by some other workmen were allowed by the Labour Court. Denial of back wages, in such circumstances, cannot be said to suffer from patent illegality or perversity necessitating interference in proceedings under Article 226 of the Constitution of India. The Writ Petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:23.09.2010 usd