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2005 Supreme(SC) 126

B.P.SINGH, ARUN KUMAR
G. M. HARYANA ROADWAYS – Appellant
Versus
PAWAN KUMAR – Respondent


ORDER

1. Delay condoned.

2. Heard counsel for the parties.

3. Special leave granted.

4. A notice was issued to the respondent on the limited question as to whether the grant of full back wages was justified in the facts and circumstances of the case. The undisputed facts are that the respondent was employed on 29-6-1991 and that he continued to work till 31-12-1991. There is dispute as to the post he held and whether he worked continuously. We are not required to go into that question.

5. The respondent workman raised a demand under Section 2-A of the Industrial Disputes Act for the first time before the Labour-cum-Conciliation Officer on 14-10-1995 i.e. after a period of almost four years. The dispute was referred to the Presiding Officer of the Industrial Tribunal-cum-Labour Court at Rohtak. By award dated 9-3-1999, the reference was answered in favour of the respondent workman and it was directed that the respondent be reinstated with continuity and full back wages. The aforesaid award was impugned before the High Court but the challenge was repelled by the impugned judgment and order of the High Court dated 24-4-2002 in CWP No. 6325 of 2002.

6. It will appear from the facts sta


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