Court No. - 6 Case :- WRIT - C No. - 33291 of 1994 Petitioner :- Rajan Singh Respondent :- Upsrtc Petitioner Counsel :- Y.K. Sinha Respondent Counsel :- Sc,Shameer Sharma Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
This writ petition has been filed by the workman only against the part of the
award of the Labour Court, Ghaziabad dated 24th January, 1994 passed in
Adjudication Case No. 30 of 1991, whereby the backwages for the period, the
petitioner was out of employment has been refused.
The facts in short relevant for deciding the present writ petition are as follows:
The petitioner was driver in U.P. State Road Transport Corporation. His
services were brought to an end under order dated 21st October, 1989. Not
being satisfied, he raised an industrial dispute before the Labour Court,
Ghaziabad, which was registered as Adjudication Case No. 30 of 1991. The
Labour Court under the award dated 24th January, 1994 held that termination
of the employment of the workman was illegal and therefore, directed
reinstatement. With regard to issue of back-wages for the period the workman
was out of employment, it has been recorded that absolutely no pleading has
been made to the effect that workman has not gainfully employed elsewhere
during the said period nor any evidence in that regard has been led,
therefore, back-wages have been refused.
Having considered the submissions made by the learned counsel for the
petitioner and having gone through the records of the present writ petition, I
am of the considered opinion that the findings of fact recorded by the Labour
Court are based on appreciation of case pleaded by the parties. Such findings
of fact cannot be termed as perverse or based on no evidence.
The present writ petition is accordingly dismissed.
Order Date :- 5.1.2010
Sushil/-