9911796707
TMI Blog2000 (11) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... xure) is justified? If not, to what relief are the workmen concerned entitled? The case put forth by the workmen is that they were appointed between 25.5.1961 to 19.1.1962 for a period of two months and continued further from time to time. They alleged that their services were terminated on 16.8.1969. The Tribunal passed an award that the workmen are entitled to be reinstated in service with effect from 16.8.1969. The award was, however, silent in regard to payment of back wages for a period between the date of termination of the workmen and their reinstatement. Challenging the said award, a writ petition [No.9901/87] was filed by the appellant before the High Court. That petition was, however, dismissed. During the course of hearing in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he award which is silent on that question, the Labour Court could not have made an order computing back wages payable to the workmen. The High Court rejected this contention in the following terms: This submission is nothing but a subterfuge and an attempt to hair-split the controversy, firm finding has been recorded by the respondent No.4 which has also found approval of this court that the award cannot be interpreted to mean that the back wages were not implied in the relief of reinstatement. It has been held that the award dated 4.2.1987 by which the reinstatement was ordered embraced within its ambit the claim for full back wages even though it was silent on the point, application under Section 33C(2) of the Act moved by the workmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of award of back wages in full or in part or none was within the scope of reference to the Tribunal. He placed reliance upon the decision of this Court in Municipal Corporation of Delhi vs. Ganesh Razak Anr., 1995 (1) SCC 235, to explain the scope of the power exercisable by the Labour Court under Section 33C(2) of the Act. He submitted that whenever any question arises as to any matter which can be adjudicated as incidental to the main question referred to the Tribunal, it will not fall within the scope of Section 33C(2) of the Act. However, Shri Pramod Swarup, learned counsel for the respondents, strongly supported the views taken by the Labour Court and the High Court and contended that award of reinstatement from a particular date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pending upon the evidence to be produced before the Tribunal. If after the termination of the employment, the workman is gainfully employed elsewhere it is one of the factors to be considered in determining whether or not reinstatement should be with full back wages or with continuity of employment. Such questions can be appropriately examined only in a reference. When a reference is made under Section 10 of the Act, all incidental questions arising thereto can be determined by the Tribunal and in this particular case, a specific question has been referred to the Tribunal as to the nature of relief to be granted to the workmen. The principles enunciated in the decisions referred by either side can be summed up as follows: Whenever a work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orkman would be entitled, under the terms of award, to all his arrears of pay and allowances would be incorrect because several factors will have to be considered, as stated earlier, to find out whether the workman is entitled to back wages at all and to what extent. Therefore, we are of the view that the High Court ought not to have presumed that the award of the Labour Court for grant of back wages is implied in the relief of reinstatement or that the award of reinstatement itself conferred right for claim of back wages. Hence, we allow the appeal, set aside the order made by the Labour Court, as affirmed by the High Court and dismiss the application filed under Section 33C(2) of the Act. However, in the circumstances of the case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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