Raj Bahadur Singh v. The Cement Cop. Of India Ltd. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No.3290 of 2004 Raj Bahadur Singh, aged about 54 years, son of Late Indrabhooshan Singh, Resident of Purani Basti, Akaltara, Distt. Janjgir-Champa (CG) ---- Petitioner

Versus

1. The Cement Corporation of India Limited, Akaltara Cement Factory, through : Chief General Manager, Cement Corporation of India (C.C.I.), Akaltara, Cement Factory, Akaltara, Distt. Janjgir-Champa (CG)

2. The Industrial Court, Raipur, through its Presiding Officer, Raipur ---- Respondents For Petitioner :

Mr.Tarun Dadsena, Advocate For Respondent No.1 :

Mr.Vinod Deshmukh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2017

1. Learned counsel for the petitioner would submit that the Labour Court has passed the order and reinstated the petitioner with full back-wages, which has been modified by the Industrial Court to the extent of 50% back-wages, which is unsustainable and bad in law.

2. On the other hand, learned counsel for respondent No.1 would support the impugned order.

3. The Industrial Court has limited the back-wages to the extent of 50% finding that there is no evidence on record to hold that the petitioner was not gainfully employed during the termination as no enquiry in this regard was made by the Labour Court. I do not find any jurisdictional error in the

impugned order warranting interference by this Court.

4. Learned counsel for the petitioner would submit that amount of 50% back-wages has not been deposited by the respondent Company.

5. Learned counsel for respondent No.1 would submit that amount of 50% back-wages has already been deposited by the respondent Company.

6. It is made clear that if the amount of 50% back-wages has not been deposited, it is for the petitioner to take appropriate steps.

7. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-