1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5281/1995 Ramesh Chand Saini vs. The Judge, Labour Court, Jaipur & Anr. Date of order : 7/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kamlesh Sharma on behalf of Shri Mahendra Shah for the petitioner. None present for the respondent. ****** This writ petition has been filed against the award of the Labour Court dated 18.1.1995 to the extent the Labour Court declined to grant 50% back wages to the petitioner. The contention of the learned counsel for the petitioner is that once the Labour Court held termination as illegal, the amount of back wages ought to have been awarded as a matter of course. It is contended that the Labour Court was wholly unjustified in granting only 50% of the back wages. Perusal of the award of the Labour Court indicates that only 50% back wages was awarded to the petitioner because when offer for reinstatement was given, during reconciliation proceedings, he declined and 2 did not turn up on duty. The Labour Court on consideration of that fact, in its discretion thought it appropriate to award only 50% back wages. The discretion exercised by the Labour Court cannot be held to be arbitrary and illegal as may warrant interference by this Court. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/