JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The primal issue involved in this appeal is whether award of full back wages is the natural consequence when an order of dismissal is set aside. The High Court of Madhya Pradesh at Jabalpur held it to be so, and that is why the Madhya Pradesh State Electricity Board (hereinafter referred to as the Board ) filed this appeal.

3. Factual background which is almost undisputed is as follows :-

One Habib Khan (hereinafter referred to as the employee ) husband of respondent Smt. Jarina Bee, was employed as a Line Attendant, Grade-II in the Board. On the allegation that he was responsible for theft of large quantity of aluminum wire, criminal case was lodged and departmental proceedings were initiated. In the departmental inquiry he was found guilty and was removed from service on 20.1.1996. Such removal was challenged by him before the Labour Court-I, Bhopal. The said Court held that since departmental inquiry was not conducted in accordance with the principles of natural justice, the dismissal was bad. Direction was given for reinstatement of employee by granting opportunity to the Board to prove his misconduct. While directing reinstatement, i