5 .coy?T.FEES EXEMPTEO ^'" ^- B^T£CAItBNa^O~?D-^&W IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.fUNO. ^^l^ / 2009 PETITIONER: ^•! ^.^^. ^.'^:.^..>- ^ ^ RESPONDENTS: 1: 2. State of Chhattisgarh, Through: Forest Divisional Officer, Forest Division - Kawardha^u// • Kabirdham (C.G.) ^ VERSUS Sukhiram, S/o - Itwari Marar, R/o - Village 8& Post - Bodla, District Kabirdham (C.G.) The Labour Court, Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CnNSTTTUTION OF INDIA ^ COURT OF CHHATTISGARH AT WRST PETITiON (U N0. 2317 OF 2009 Petitjoner Versus ResDondenls State of Chhattisgarh Sukhiram & Another WRIT PETiTION UNDER ARTICLE 225/227 OF THE CONSTSTUTION OF iNDIA (SB : Hon'ble SVir. Satlsh K. Agnlhotrl, J.) Present:- Shri Y.S. Thakur, Dy. Advocate General for the State/ petitioner. Shri Ajit Singh, Advocate forthe respondent No.1. (ORAL) (Passed on 05th day of January, 2011) 1. The petitloner impugns the order dated 26.04.2008 (Annexure P-1) passed by the Labour Court under Industriai Dispute Act, 1947 in case No. 66/!.D./2007(Ref.), whereby the petitioner has been directed to reinstate the respondent No.1 wlth 50% backwages. The petitioner has not chailenge the order of reinstatement except to the extent of grant of 50% backwages, as is evident from the prayer clause, which reads as under: "10.1. Cail the entire records ofthe instant case for its kind perusai. 10.2. That the order dated 26.4.2008 (Annex. P-1) for grant of 50% backwag&s be quashed. 10.3. Grant any other reiief, which is deemed fit m the circumstances of the case". 2. The Court beiow without considering the facts asto whether the petitioner was gainfuliy empjoyed eisewhere or not, has granted backwages to the extent of 50% v,/ithout detalilng the reasons for grant of 50% backwages. The case of the petitioner/ State is that the responde.nt No.1 was engaged on work-wlse not on reguiar ^^-:./' ashok 3. 4. 5. establlshment. Thus, the respondent No.1 is not entitled to any backwages. Havlng considered all the facts of the matter, this Court is of the yiew that grant of 50% backwages without laylng down the foundation for grant of backwages is not just and proper. Accordingly; the grant of backwages to the extent of 50% is modified to 30%. In view of the above, the petitlon is aliowed in part to the extent that the respondent No.1 would be entitted to 30% backwages wlth reinstatement. ^f No order asto costs. Sd/- Satish K. Agnihotri Judge