Sunil Kumar Jar vs The Presiding Officer Labour … on 10 May, 2010

                      W.P.5515 of 2010




10.5.2010


       Shri Sanjay Verma, counsel for the petitioner.
       This petition is directed against an award dated 31.8.2009
Annexure P-1 by Labour Court, Jabalpur in Case No.53/2005/IDR
directing reinstatement of the petitioner but without back wages.
This order has been assailed by the petitioner on the ground that the
Tribunal erred in not allowing back wages to the petitioner. The
burden was on the employer to prove that the petitioner was not in
gainful employment during the course of retrenchment.
       The facts of the case are that the petitioner was engaged on
16.5.1996.    He worked up to 2.8.1999 and thereafter he was
retrenched.   The petitioner challenged the order of retrenchment
before the High Court in W.P.1970/99 in which ad interim writ was
issued but ultimately on 29.7.1999 the writ petition was dismissed.
Thereafter petitioner filed an L.P.A. No.294/99 by which the matter
was disposed of with a direction to the respondents to comply with

the statutory provisions. Then the petitioner approached to the State
Government for a reference and the matter was referred to the
Labour Court under Section 10 of the Industrial Disputes Act,1947.
The labour Court considered this aspect by the impugned order and
found that the petitioner was entitled for re-instatement but without
back wages. The matter was earlier adjudicated by this Court and
only for limited purposes the matter was remanded back. The labour
Court considering all these aspects has rightly passed the impugned
order, in which no error of jurisdiction is found.

This petition is found without merit and accordingly dismissed.

  (Krishn Kumar Lahoti)                              (G.S.Solanki)
       JUDGE                                          JUDGE
vj.