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1979 Supreme(P&H) 60

S.S.SANDHAWALIA, BHOPINDER SINGH DHILLON, R.N.MITTAL
Hari Palace – Appellant
Versus
Labour Court – Respondent


Judgment

S. S. Sandhawalia, J.

1. (For himself and on behalf of R. N. Mittal, J. ).--What criteria should govern the grant of full back wages to a workman under the industrial law, when the termination of his services is held invalid by the Labour Court and the relief for reinstatement is granted to him is the sole, though significant, question which had necessitated the admission of these two connected writ petitions (C. W. P. No.3521 of 1977, Hari Palace, Ambala City V/s. Presiding Officer, Labour Court, etc. and C. W. P. No.4414 of 1978, Dharam Paul Chadha V/s. The Presiding Officer, Labour Court, etc.), for a hearing before a Full Bench.

2. At the very outset it deserves highlighting that the matter is so squarely covered by a recent judgment of the final Court that it would be patently wasteful to elaborate the issue either with regard to the principle or to precedent. Therefore, a brief reference to the averments in C. W. P. No.3521 of 1977, Hari Palace V/s. Presiding Officer, etc. would suffice to give the necessary background giving rise to the legal issue aforesaid.

3. The petitioner firm claims that their employee-respondent No.2, Shri Walaiti Ram, had on his own accord re






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