THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.7503 of 2001 ORDER: This writ petition is filed seeking writ of mandamus after calling record in I.D.No.71/96 dated 03.10.1997 passed by the Industrial Tribunal and quash and set aside the same holding it to the extent of granting existing salary, continuity of service and back wages and other benefits. Heard A.Krishna Rao, learned counsel for the petitioner and the learned Government Pleader for Labour. It has been contended by the petitioner that she was appointed in the 2nd respondent on 01.05.1993 and while she was discharging her duties, during the month of December, 1995, she remained absent due to ill health. But the respondent management construed the said conduct of the petitioner as unauthorised absence and initiated disciplinary proceedings. After recovery from ill health, when petitioner reported to duty in the month of January, 1996, respondents informed the petitioner that her services were orally terminated. Questioning the said action of the respondents, petitioner filed I.D.No.71/96 under Section 2(A) (2) of the Industrial Disputes Act, 1947 (for short ‘the Act’) for setting aside the said award in I.D.No.71/96 dated 03.10.1997 and the Industrial Tribunal vide order dated 03.10.1997 passed orders in favour of the petitioner setting aside the termination orders and directed the respondent management to reinstate the petitioner 2 into service. While granting the said relief, the Industrial Tribunal has not granted continuity of service, back wages and other benefits. Challenging the same, the present writ petition is filed. Learned counsel for the petitioner contends that the Industrial Tribunal categorically held that the termination of the petitioner from services is illegal and whenever the termination of an employee is held to be illegal, the employee is entitled for full back wages, continuity of service and other service benefits. He relied on the judgment reported in Deepali Gundu Surwase vs. Kranti Junior Adhyapak & Ors1 wherein the Hon’ble Supreme Court held that whenever the termination is held to be illegal, all the consequential reliefs i.e., continuity of service, back wages and other service benefits should be extended to the workman. Learned Government Pleader appearing for the respondents had contended that the labour Court has rightly passed orders in favour of the petitioner and after elaborate discussion of the entire case of the petitioner declined to grant back wages, continuity of service and other service benefits. The labour Court has specifically held that the petitioner is also guilty of her absence to duty unauthorisedly. For that reason, petitioner was declined back wages, continuity of service and other service benefits. Therefore, there is no illegality in the orders passed by the labour Court warranting interference of this Court. This Court, having considered the rival submissions of both the parties is of the considered view that the labour Court has 1 2013 10 SCC 324 3 rightly passed orders in favour of the petitioner. However, with regard to the denial of back wages, continuity of services and other service benefits for certain lapses on the part of the petitioner, counsel for the petitioner could not point pout any grave illegality or irregularity. In the absence of any grave illegality or irregularity in the orders passed by the labour Court, this Court cannot interfere with the same. Accordingly, the writ petition is dismissed for devoid of merits. There shall be no order as to costs. Miscellaneous petitions, if any, pending, shall stand closed. _______________________________ ABHINAND KUMAR SHAVILI,J Dt: 22.11.2018 dv 4