JUDGMENT :

Adarsh Kumar Goel, J.

1. Leave granted.

2. This appeal, filed by the State of M.P., arises out of the proceedings on an application filed by the respondent-workman under Section 108 of the M.P. Industrial Relations Act, 1960 for grant of back wages amounting to Rs. 1,41,762/- for the period from 08.02.1994 to 31.03.2001.

3. The workman was engaged as assistant of driver of Roller No. D.R.R. 1080 of PWD at Tarana on 16.08.1991 at a total pay of Rs.1215.00 per month. He was disengaged from work on 01.07.1992. Challenging the same, the workman filed Case No. 236/92 before the Labour Court, Ujjain, M.P. claiming reinstatement with back wages. By order dated 07.02.1994, the Labour Court passed an ex parte order directing the State to reinstate the workman at his original post with back wages from the date of termination till the date of the order. Though the State of M.P. sought setting aside of the ex parte order but did not succeed. The workman, instead of taking any proceedings for enforcing the order of reinstatement, only sought enforcement for back wages. This claim was contested with the plea that the workman had not reported for duty. However, the Labour Court allowed bac