1. S.B.CIVIL WRIT PETITION NO.11129/2010 Mustak Ahamad Shakh Vs. The Commissioner, Nagar Parishad, Udaipur Date of Order :: 06.12.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Ravindra Paliwal, for the petitioner. ... While working as Fitter with Municipal Council, Udaipur, the petitioner was retrenched from service on 30.7.1986 without adhering to the provisions of Section 25-F of the Industrial Disputes Act, 1947. An industrial dispute was, therefore, raised, which was ultimately referred for its adjudication to the Labour Court, Udaipur. The Labour Court, Udaipur by its award dated 13.9.1989 declared the retrenchment of petitioner illegal and directed the employer to re-instate him in service with all continuity in service. The petitioner- workman was also declared entitled for 50% of wages for the period he remained out of employment. In pursuant to the award dated 30.9.1989 the employer re- instated the petitioner on 10.1.2007 and while doing so also paid 50% of the total wages commencing from the date of termination to the date of re-instatement. It is submitted that as a matter of fact 50% of the total 2. backwages were required to be given from the date of retrenchment to the date of award only and thereafter the workman is entitled for the complete wages by treating him in the employment for all purposes. The determination of the wages as sought to be made by the petitioner can adequately be made by the Labour Court itself while exercising powers under Section 33(c)(2) of the Industrial Disputes Act, 1947. The petitioner is having an efficacious alternative remedy, as aforesaid, thus, I am not inclined to entertain this petition for writ. Accordingly the same is dismissed with liberty to the employee to avail alternative remedy under the Act of 1947. (GOVIND MATHUR), J. Sanjay/- 3.