( 1 ) BY this Writ Petition under Article 226 of the constitution of India, the petitioner employee challenges the part of the order of industrial Court dated 9/9/1992, by which the learned Member, Industrial Court directed payment of only 50% backwages to him while ordering his reinstatement in service.

( 2 ) THE facts are - services of petitioner were earlier terminated in the year 1977, and therefore, he filed ULPA Complaint No. 74/1977. After summons in this complaint was served upon the employer, petitioner was taken back, and petitioner did not attend the Court and hence Labour Court on 10-7-1978 dismissed the complaint in default. In view of this dismissal, the respondent/employer again terminated his services orally by asking him not to report for duty on 28-9-1978. This oral termination was challenged by the petitioner by filing Complaint under section 28 of MRTU and PULP Act, bearing ulpa Complaint No. 103/1984, before the Labour Court. The Labour Court by its order dated 24-4-1991, dismissed the complaint observing that initial burden was upon the petitioner and he did not adduced any evidence. This order of the labour Court was challenged by petitioner by filin