ORDER

1. The short question posed for our consideration by the appellant management is to the effect whether the respondent was entitled to full back wages as directed by the High Court when the Labour Court on the dispute raised by the respondent against his termination had ordered his reinstatement in service with continuity but with 40% back wages.

2. The respondent was admittedly a daily wager Mali. He was removed from service on 13-9-1983. He raised an industrial dispute. The Labour Court, after hearing the parties, took the view that his termination was contrary to Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). However, in the absence of there being any clear evidence that the respondent was gainfully employed in the meantime the Labour Court passed a curious order saying that the ends of justice would be fully met if the workman is given continuity of service with back wages up to the extent of 40%. The respondent carried the matter in writ petition before the High Court. The appellant had not challenged the order of reinstatement and continuity of service as granted by the Labour Court to the respondent. Therefore, the short contro