B.K.SOMASEKHARA, LINGARAJA RATH
Sarangi Ramachandraiah – Appellant
Versus
Nagarjuna Grameena Bank, Khammam – Respondent
( 1 ) THE question falling for decision in this appeal is whether the Labour Court deciding an application under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ) can refuse the claim of a reinstated workman for salary of the period from the date of the removal till the date of the judgment in the writ petition in which the removal is set aside, taking the view that such claim of the workmen is not an existing right implementable under the Section. A brief sketch of the facts are that the writ petitioner, who is the appellant before us, was a clerk-cum-cashier of the respondent-bank put under suspension on 13/10/1979 on account of his involvement in a criminal case and subsequently was removed from service on 31/12/1979 without any enquiry having been held. He was acquitted in the criminal case on 27/11/1980 and thereafter filed Writ Petition 6662 of 1980 in this Court claiming reinstatement in service. The writ petition was allowed on 22/02/1983 holding the removal to be illegal and directing his reinstatement but no orders were passed regarding the payment of the back-wages. The appellant was reinstated in service on 2
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