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2000 Supreme(SC) 1715

UMESH C.BANERJEE, K.G.BALAKRISHNAN
P. G. I, Of M. E. And Research, Chandigarh – Appellant
Versus
Raj Kumar Etc – Respondent


JUDGMENT

Banerjee, J.-The Post-Graduate Institute of Medical Education and Research, Chandigarh is in appeal against the Bench decision of the Punjab & Haryana High Court. The only limited question in these three appeals is whether the Labour Court in the facts and circumstances of the matter in issue was justified in awarding 60% of the back wages while ordering reinstatement with continuity of service.

2. The High Court in the matters under appeal did interfere with the order of the Labour Court in a petition under Article 226 principally on the ground that the Labour Court was in error in the matter of grant of restricted back wages to the extent of 60% and the High Court has modified the order of the Tribunal and directed entitlement in its entirety. The appeal of appellant herein before the Appellate Bench against the order of the learned Single Judge, did not however, yield any benefit and the contentions stand negatived by the Appellate Court and hence the appeals before this Court by the grant of special leave.

3. Incidentally, be it noted that three separate writ petitions were filed before the High Court by the three affected workmen against whom the Labour Court has decli














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