P.C.

1. The original Petitioner who is an Employee has challenged the order of Reference (IDA) No. 22 of 2001 to the extent 50% back wages are denied. The original Petitioner thereafter had died.

2. I had indicated to the parties whether an amicable settlement of the dispute can be made. However, since that was not possible and since notice for final disposal at the stage of admission was also issued by order dated 7th July, 2011, the Petition is taken up for final hearing forthwith.

3. Rule. Rule is made returnable forthwith. Learned Advocate for the Respondents waives service of the Rule.

4. The Labour Court has held that there was no case of misconduct and the oral termination of the Petitioner was wholly unjustified.

5. In so far as the question of back wages is concerned, the Petitioner had stepped in the witness box and led evidence. Paragraphs 1 and 2 of the Affidavit in lieu of Examination-in-Chief of the Petitioner read thus :

“1. I say that I was dismissed by the First Party Company on 20.04.1999. Immediately thereafter it was not possible for me to look for and take any gainful employment. At that time 3 different proceedings were going on in various Courts viz