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SATYEN VAIDYA
Prem Raj – Appellant
Versus
Himachal Pradesh Tourism Development Corporation – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. By way of instant petition, petitioner has prayed for following substantive reliefs:
(ii) That writ in the nature of mandamus may kindly be issued directing the respondents to grant wages/salary/leave kind due such as casual leaves, medical leave and earned leave to the petitioner w.e.f. 31.08.2010 with all consequential benefits in consequence to the award passed by the learned Labour Court on 31.08.2010 and further respondents may be directed to pass the fixation order w.e.f. 20.01.2009 with all consequential benefits including the arrear of salary with interest throughout.
2. The petitioner was engaged as beldar on daily wage basis by respondent No. 1 on 18.04.1997 and worked as such till 30.04.1998. With effect from 01.05.1998 the designation of the petitioner was changed to Junior Draughtsman. He continued to work in such capacity till 18.03.2000, on which date the services of the petitioner were terminated.
3. Petitioner raised an industrial dispute. The appropriate Government referred
Point of Law : Merely because litigation, that too, at instance of respondents continued for considerable long period cannot be held to be a factor to disentitle petitioner from all actual benefits, ....
Point of Law : Merely because litigation, that too, at instance of respondents continued for considerable long period cannot be held to be a factor to disentitle petitioner from all actual benefits, ....
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
Implicit grant of continuity of service when not specifically denied by the Labour Court.
Grant of a relief of reinstatement, it is trite, is not automatic. Grant of back wages is also not automatic. The Industrial Courts while exercising their power under Section 11A of the Industrial Di....
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