\ HIGH COURT OF CHHATTISGARH : BILASPUR \ WRIT PETITION NO. 4449 OF 2004 PETITIONER Queli Nayak (Dead) Through Iegal representatives Smt. Sunita Nayak & others Versus Labour Court, Raipur & another (Writ Petition under Article 227 of the Constitutionof India) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. RESPONDENTS w” i . _ Preéent:- ShriRaja Sharma,Advocate ORDERwRAL) forthe petitioner. (Passed on this 29' day of March, 2010) 1. Challenge in this petition is to the award dated 3-4-2003 (Annexure- P/1) passed by the Labour Court, Raipur in case No.162/I.D.Act (Ref.)/96 (Que/i Nayak V. Principal Salem English School, Raipur), whereby the respondent therein was directed to reinstate the applicant therein in service without back wages. I During pendency of this petition the sole petitioner (Queli Nayak) died, therefore, his legal representatives were brought on record to prosecute this petition. Learned counsel for the petitioner submits that initially Qiueli Nayak (since deceased employee) was appointed in the respondent school on the post of peon on 11-8-1983. However, on account of undue pressure of the respondent authorities the deceased employee tendered his resignation. Thereafter, the deceased employee made a reference before the Labour Court, Raipur for his reinstatement with consequential benefit. The Labour Court by its award dated 3-4-2003 directed the T\ WO respondent school to reinstate the deceased employee in service without back wages. Learned counsel further submits that the Labour Court without appreciating the facts and circumstances of the case in its Ietter and spirit not granted the back wages in spite of the fact that the deceased empioyee tendered his resignation on account of undue pressure made by the respondent school. Thus, this petition for back wages. i have heard leaned counsel for the petitioner, perused the pleadings and the documents appended thereto. The Labour Court in its award dated 3-4-2003 has rightly considered all the aspects of the matter in its true perspective-and directed for reinstatement of the deceased employee. As far as non-grant of back wages is concerned, the deceased employee failed to prove that he has not earned anything during the removal period. Thus, the petitioners are not entitled to any relief. Be that as it may, it is well settled principle of law that reinstatement does not follow award of back wages. it depends on the facts and circumstances of the case. For the reasons mentioned hereinabove, the writ petition fails and is hereby dismissed. There shall be no order asto costs. / sau'sh K. Agnihoui Judge /\ ’/ Sdl- Gowri l l