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State Of U.P. v. Presiding Officer, Labour Court, Agra & Others - WRIT - C No. 21020 of 1998  RD-AH 935 (13 January 2006)
CIVIL MISC. WRIT PETITION NO.21020 OF 1998
State of U.P. through Executive Engineer,
Rural Engineering Services, 117/219,
KANPUR . ...Petitioner.
Presiding Officer, Labour Court (2), U.P. Kanpur and
Hon'ble Bharati Sapru, J.
This writ petition is filed against the award of the Labour Court, which is passed in favour of the respondent workman who has been regularized with back wages. The award records a categorical finding of fact that the respondent workman worked regularly and without break from 1982 to 1989. His services has been dispensed with without compliance with the provisions of Section 6 N of the Act and, thereafter, other persons were engaged even though he was there willing to do his work.
In view of the findings recorded by the Labour Court, which are correct, I see no reason to interfere in the award of the Labour Court except that the Labour Court has awarded full back wages to the respondent workman.
By virtue of an interim order passed in the present case, the respondent workman is working with the department concerned and also receiving his regular salary. He shall continue to do so. However, I think the award in respect of back wages may be modified to the extent that 50% of the back wages payable to the respondent workman shall be paid to him.
With this observation, the writ petition is disposed of. There will be no order as to costs.
Dated : 13/1/06
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