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M/S Hindustan Aeronautics Ltd. v. Ram Ajore & Another - WRIT - C No. 317 of 1989  RD-AH 4998 (21 March 2007)
CIVIL MISC. WRIT PETITION NO.317 OF 1989
M/S Hindustan Aeronautics Ltd., Kanpur. ....Petitioner
Ram Ajore and another. .....Respondents ***************
Hon'ble Rajes Kumar, J.
By means of the present writ petition, petitioner has challenged the award dated 30.08.1988 passed by Presiding Officer, Labour Court-I, Kanpur, by which the respondent no.1 has been reinstated in the service and has been awarded back wages.
Brief facts of the case are that the respondent no.1 was the employee and was working as clerk with the petitioner. The services of the respondent no.1 was terminated on 30.09.1982. Respondent no.1 moved an application under U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "Act"). The case was referred by the Government under section 4-K of the Act in which the impugned award has been given.
Sri S.D.Singh, learned counsel for the petitioner and Sri A.S.Diwakar, learned counsel for the respondent no.1.
Sri S.D.Singh, learned counsel for the petitioner submitted that in pursuance of the award respondent no.1 has been reinstated and paid the salary for the future period. He submitted that he has been superannuated in the year 2004. Thus, the dispute relates to the back wages only from the date of the termination till the date of the award.
Learned counsel for both the parties agreed on the payment of half of the salary for the period 30.09.1982 to the date of the award. In this view of the matter without going into the merit of the case whether the respondent no.1 is entitled for the back wages or not, present writ petition is being disposed of in terms of the agreement between the parties, namely that half of the back wages should be paid by the petitioner to the respondent no.1. Payment may be made within a period of two weeks from the date of presentation of the certified copy of the order.
Writ petition is disposed of in terms agreement stated above.
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