IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 441 of 2010
Deolal Hazam … … Appellant
Versus
M/s. Mahalakshmi Fibers and Industries Ltd…. … Respondent
CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE P. P. BHATT
For the Appellant : Mr. Prabhat Kumar Sinha, Advocate
For the Respondents :
Order No. 06 th
Dated 6 July, 2011
By Court Heard learned counsel for the Appellant.
2. Learned counsel for the appellant submitted that learned
Single Judge committed serious error of law by denying 50% of back
wages which has been awarded to the petitioner/appellant by the
Labour Court. Learned counsel for the appellant relied upon a
judgment of Hon’ble Supreme Court reported in 2002(2) SCC 244 in
support of his contention.
3. After going through the facts of the case, we are of the
considered opinion that the award of 100% back wages in the facts
and circumstances is not the rule but the award of back wages
depends on the facts of each case. Here in this case learned Single
Judge has considered the fact that the appellant did not do the work
for a very long period of more than a decade. However, contention of
the appellant may be that he was prevented by the employer himself
in doing the job in spite of his best efforts.
4. We are not inclined to interfere with the order as has been
passed by the learned Single Judge after considering the judgment of
the Hon’ble Supreme Court. The L.P.A. is dismissed accordingly.
(Prakash Tatia, A.C.J.)
(P. P. Bhatt, J)
Raman/Birendra