IN THE mGH COURT OF JUDICATURE AT ^" WRIT PETITION N0. 26<-^ /2Q01 PETITIONER Rajkumar Pandey, S/o Kam la Prasad, RA Delhi Depot, Post-Kargi Road, District Bilaspur, Former He-lper, Forest Division, Achaaakmar. RESPONDENTS -VERSUS- 1. iDistrifitForestOffiper, Forest ^ivTs'ion, Bilaspur. .... ..—•?^^^Forest Ranger, Forest Range, ^-•^"'^W^' Achandsmar (North), Post p.p- -^ S'nc-"*' ,.,<.^%A/l KargiRoad,Biiaspur. ;'•-• ^......-••-[ •-" 1 ) l p. p( <3,i.-it- "" WRIT UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A SUITABLE WRIT. ORDERS OR DIRECTION. -U—1. ,.l^.—Lt. 'N. /^F/^ '-•„.'• HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 2663^>f2001 Petitioner Respondeuts Versus Rajkuinar Paadey Distnct Forest Of&cer, BUaspur and aaofher Sin^e Bench; Honlsle Mr. Justice Satish K. Agnihotri. Shri Indra Seu Sahu, counsel for the Petitioner. Shri Suail Otwani, Paael lawyer for the respondents/ State. ORAL ORDER (20th Maroh, 2006) The petitiouer was eiaployed as Helper w.e.f. 4.3.1986. The service of fhe petitioner was tenniuated on 22.8.1989 on the ground that fhe petitioner had coiiunitted niisconduct by taking away the goveminent vehicle i.e. Truck Bearing No. CPZ-7139 to somewhere and caused accident whereby 11 persons seatuig ia fhe vehicle were senously iajured. The dispute was referred to the Labour Court. The Labour Coiirt by its order dated 28.9.2001 (Annexure P-l), after haviug consjdered aU the facts of fhe case, canae to the conclusion that the petitioner was entifled to be reuistateiuent in the service without back wages. The case No. 183/92 for an ofifences committed iinder Section 279, 337 and 338 of fhe Indian Penal Code was registered ^aiast fhe petitioner ia fhe coitrt of fhe Judicial •<. Magistrate, Class-I, Bilaspur. The petitioner was acquitted fiom the said offences by order dated 23.9.1994. The petitioner has filed this petition challenging ftie order dated 28.9.2001 passed by fhe Labour Coiu-t under fhe Industrial Disputes Act, Bflaspiir ia Case No. ll7/I.D.A./90(Reference) to fhe extent that fhe petitkiner was WTongfy denied back wages. Leamed coiinsel fi?r fhe petitioner subinits that refasal of back wages to the petitioner is arbitraiy, fflegal and contrary to fhe jLaw applicable to fhe facts and circuinstances of fhe case. Leamed coiinsel for thc petitioner furfher contended that since fhe temunation waa found as iuvaUd and fiufher fhe petitioner was acquitted fiom the crinunal chai^es. The petitioner was entifled to back^vages. The respondents have not chaUenged fhe order of fhe Labour Court whereby the respondents were directed to reinstate the petitioner in the service. I have heard learaed coiuisel for fhe parties and perused fhe records appended to the petition. There is no perversity iu fhe impugned order dated 28.9.2001 passed by the Labour Court. The grant of back w^es was rightfy derded to the petitioner on fh.e principle of "no wprk no pay*'. The petitioner has accepted fhe order of reiastatenaent and as such, it is not necessaiy to set aside fhe impugned order dated 28.9.2001 passed by fhe Labour Court in respect of non-payiaent of back wages. There is no perversity and the ^l u order is based on proper appreciation of evidence aad having appUed law property. 8. This Court in exercise of its power under Article 226/227 of the Constitution of India has linuted scope to uiterfere with fhe findings of the Labour Court. The High Court cau interfere onty ia cases of erroneous assuinption of facts or excess ofjurisdiction, refusal to exercise jurisdiction, error of law apparent on fhe facc of records, arbitraiy or capricious exercise ofpowers ofthe authorily or discrmiination, Qaffant error ia procedure aud recording of fhe perverse findings. In fh.e present case I havc not found that auy of the ground stated above has been invoked to seek interference of fhis Court. 9. For fhe reasous stated above, it does not warrant any interference with fhe unpugned order dated 28.9.2001 aad as a result, the petition is disnussed. No order as to costs. Sd/- Satish K. Agnihotri Judge Bablu