Judgment :-

Tarun Chatterjee, J.

1. Leave granted.

2. Delay condoned.

3. On 11th of January, 2008, this Court passed the following order :-

"Issue notice limited to question whether the respondent was entitled to full back wages or not. Issue notice also on the application for condonation of delay."

4. The respondent filed an application before the Labour Court alleging that he was illegally terminated by an oral order dated 5th of March, 1998 and that he was not given any Show Cause Notice nor was he paid retrenchment compensation.

5. The appellant contested the said application alleging that the services of the respondent had not been terminated and since the services had not been terminated, the question of payment of retrenchment compensation or issuance of Show Cause Notice did not arise at all.

6. In February, 2000, in the light of the above matter, the Labour Court directed the respondent to report for duty and it is now an admitted position that the respondent reported for duty on that date.

7. By a final award, the Labour Court passed an award on 27th of September, 2002, directing the appellant to take him on duty and directed payment of back wages. In appeal, the Industria