1 SB Civil Writ Petition No.9833/2008 Sachiv Adarsh Vidhya Mandir Madhyamik Vidhyalaya. vs. Tikam Chand Jain & Anr. S.B. Civil Writ Petition No.9833/2008 Sachiv Adarsh Vidhya Mandir Madhyamik Vidhyalaya. vs. Tikam Chand Jain and another. Date : 11.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.AK Rajvanshy, for the petitioner. Mr.Rakesh Arora, for the respondent. - - - - - Heard learned counsel for the parties. Learned counsel for the petitioner submitted that the respondent worked only for short period from 12.7.2001 to 16.5.2003 and according to the petitioner themselves, the respondent worked only on an oral order, however, learned counsel for the respondent submitted that the appointment was in writing and contrary to that, learned counsel for the petitioner submitted that respondent employee though submitted application for appointment but that appointment was oral. Be it as it may, the 2 SB Civil Writ Petition No.9833/2008 Sachiv Adarsh Vidhya Mandir Madhyamik Vidhyalaya. vs. Tikam Chand Jain & Anr. fact which is not in dispute is that the respondent worked there and the Tribunal held that the petitioner has not complied with the provisions of Section 25F of the Industrial Disputes Act, therefore, in view of the above finding of fact recorded by the Labour Court, I do not find any illegality in the impugned award passed by the Labour Court holding that the respondent's removal from service was illegal. However, I find force in the submission of learned counsel for the petitioner that the respondent worked for very short period and his father was also in employment in the same institution. The petitioner since has not worked for long period by now, then the award of back wages to the extent of 50% cannot be justified looking to the facts of the case. However, learned counsel for the respondent employee submitted that the award of 50% back wages is just and proper. Looking to the totality of the facts of the case and evidence available in the record, I do 3 SB Civil Writ Petition No.9833/2008 Sachiv Adarsh Vidhya Mandir Madhyamik Vidhyalaya. vs. Tikam Chand Jain & Anr. not find any just reason for award of back wages to the respondent and, therefore, the award of back wages to the respondent is set aside. The petitioner shall now comply with the award forthwith without any delay and the respondent shall report to the petitioner's office forthwith. Consequently, this writ petition is partly allowed. (PRAKASH TATIA), J. S.Phophaliya