State Of Himachal Pradesh And Another vs Hem Raj And Another

The termination of services of respondents was the subject matter of reference made to the Labour Court. An Award was passed by the Labour Court­cum­Industrial Tribunal, Dharamshala by which the respondents were directed to be reinstated with 50% back wages with effect from 1998. The Award of the Labour Court was affirmed by the High Court in the writ petition filed by the State of Himachal Pradesh.

Aggrieved thereby, the State of Himachal Pradesh is before us in this appeal.

We are informed by Mr. Abhinav Mukerji, learned counsel for the appellants that the respondents were reinstated on 19th February, 2008. The only dispute that remains to be adjudicated in this case is payment of 50% back wages from 1998 to 23rd March, 2005, i.e., the date of the Award. We are also informed by him that the respondents would be entitled to payment of Rs.64,237.50 (Rupees Sixty Four Thousand Two Hundred Thirty Seven and paise fifty only) each.

Taking into account the passage of time from the date of the Award, the fact that the respondents have been reinstated and they have been working and the amount to be paid to them towards 50% back wages being meagre, we see no reason to interfere in this appeal.

The appellants are directed to release the payment of the amount mentioned above to the respondents within a period of eight weeks from the date of the receipt of this Order.

The Civil Appeal is disposed of accordingly.