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2011 Supreme(Del) 915

RAJIV SAHAI ENDLAW
Ceeko Transformers – Appellant
Versus
P. O. Labour Court No. 1 & Ors – Respondent


Advocates Appeared:
Mr. Suman Malhotra & Ms. Savita Malhotra, Advocate for the Petitioner.
Mr. K.C. Dubey, Advocate for the Respondents.

Rajiv Sahai Endlaw, J.

1. The petition impugns the award dated 5th August, 1999 of the Industrial Adjudicator granting the relief to the respondent No. 2 workman of reinstatement with 75% of the back wages. The petition came up before this Court first on 5th May, 2000 when the counsel for the petitioner employer stated that the challenge was being made only to the extent of grant of 75% of the back wages. Notice of the petition was issued and the award to the extent of grant of 75% of the back wages was stayed and remains stayed. The counsels have informed that though the respondent No. 2 workman, in implementation of the award was reinstated but thereafter the petitioner employer effected closure and closure compensation has been paid to the respondent No. 2 workman and the dispute in that regard does not survive. The counsels have argued only on the validity of the award in so far as for back wages to the extent of 75%. The termination being of 3rd June, 1988 and the award being of 5th August, 1999, the period of back wages is for a period of approximately 11 years. It was enquired from the counsel for the petitioner employer as to what was the amount due under the award; the coun

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