Davinder Singh vs Punjab Roadways and Others

S.S. Sodhi, J.—Denial of back wages while holding that the termination of the services of the petitioner, Davinder Singh, workman, were not justified, is what constitutes the challenge to the impugned award of the Labour Court, Amritsar of October 6, 1979.

The Labour Court directed the reinstatement of the petitioner with continuity of service and full benefits of service but without back wages. The reason for denying the petitioner back wages being "as no mala fides have been imputed on the respondents nor is there evidence to this effect". It is now well settled as also held by the Full Bench of this Court in Hari Palace Vs. Labour Court and Another, , that ordinarily a workman whose services have been illegally terminated would be entitled to full back wages on reinstatement except to the extent that he was gainfully employed during his enforced idleness. The party objecting to this course must establish circumstances necessitating a departure from it. No such circumstances exist or have been pointed out in the present case. Mere absence of mala fides in the wrongful termination of services of the petitioner cannot be held against the workman to deny him back wages which he was otherwise clearly entitled to. The impugned award of the Labour Court is consequently modified to the extent that the petitioner-workman shall on reinstatement also be entitled to full back wages w.e.f. the dale of termination of his services till reinstatement.

This writ petition is thus hereby accepted. In the circumstances, however, there will be no order as to costs.