Unless there is a specific direction for payment of back wages in an award, an implicit direction for payment of back wages cannot be presumed simply because of reinstatement being ordered with a direction of there being continuity in service.

Pratibha Rani, J.

1. Alleging that the services were illegally terminated on October 03, 2004, the workman of the appellant raised an industrial dispute which resulted in an award dated January 23, 2012 being passed directing reinstatement of the workman with further direction that such workman who had received the compensation under Section 25(FF) of the ID Act, 1947 would refund the same to the management. Since much turns on the final direction issued by the Industrial Tribunal, we note the exact language used by the Tribunal. In para 89 and 90 it was directed as under:-

“89. In view of above factual and legal position of law, workmen/claimants (except 43 workmen/claimants, who have settled their disputes u/s 18(1) of I.D. Act) are entitled to the relief of treating them in continuity of service under terms and conditions of service as before their alleged termination w.e.f. 3.10.04. They will not be entitled to any notice pay or compensation u/s 25FF of Industrial Disputes Act. The said notice pay or compensation, if any, received by them, will have to be refunded by them.

90. Hence, by way of relief, it is directed that management of M/s.Hindustan Times Ltd. will reinstate 272 workmen treating them in continuity of service under terms and conditions of service as before their alleged termination i.e. 03.10.04. Award is passed accordingly.”

2. It needs to be highlighted that there is no specific direction in the award that the workman would be paid wages from the date their services were illegally terminated on October 03, 2004 till reinstatement.

3. Neither party challenged the award dated January 23, 2012, which attained finality.

4. After the award was made, but before it was published, the workman moved an application seeking clarification of the award, and being relevant to be noted, it reads as under:-

“I.D. NO.207/10/05

IN THE MATTER OF :

Aita Ram & Others …..Claimants

Versus

Hindustan Times Limited & Another ….Respondents

APPLICATION SEEKING CLARIFICATION OF AWARD/ORDER

DATED 23.01.2012

IT IS HUMBLY SUBMITTED:

1. That on 23.01.2012 this Hon'ble Tribunal in the presence of AR for workmen along-with workmen and AR for Management No.2 pronounced the award, directing the Management No.1 to reinstate 272 workmen with full back wages treating them in continuity of service under terms and conditions of service as before the alleged termination i.e. on 03.10.2014. The obtaining the certified copy of the award, even though this Hon'ble Tribunal directed the workers to be reinstated on the same terms and conditions, & treated full back wages as a necessary consequences of reinstatement it was found that the word “full back wages” though implicit in the said direction to treat the workmen as being in continuity of service from 03.10.2014, till date, appears to be missing in writing.

2. That the workmen/appellant seeks to raise such other or further ground as may be available to them at the time of hearing of the said application.

PRAYER

It is therefore most respectfully prayed before this Hon'ble Tribunal that it may be pleaded to clarify the award & order dated 23.01.2012, to the limited extent, that the word “full back wages” though not specified in writing, is implicit in the said direction to the Management No.1 to reinstate 272 workmen & treat the workmen as being in continuity of service from 03.10.2004, till date, under the terms and conditions of service as before the alleged termination.

Sd/-

WORKMEN”

5. For reasons unknown, the workman did not press their application and it was disposed of by an order dated February 14, 2012, after notice was issued in the application to the management on the same day because the representative of the workman desired that the application be withdrawn. The two orders penned on February 14, 2012 read as under:-

“I.D.No.207/10

14.02.12

Case file is taken up today on application for seeking clarification of award/order dated 23.01.2012 moved on behalf of workmen.

Present : Sh.Ashwin Vaish & Shr.Vinod P