G.S. Sandhawalia, J.

The only argument that has been raised in the present writ petition by counsel for the petitioner is that the Labour Court is not justified in granting continuity of service and back-wages on account of the fact that the workman never contributed to the petitioner-bank for the period he remained out of service from 2001 till the passing of the award on 13.05.2013. The Labour Court, in its award, has noticed that the dismissal was on account of misconduct from March, 1997 to May, 1998 in respect of 27 Saving Bank Accounts. The bank had charge-sheeted the workman but none of the account holder was examined. A finding was recorded that the inquiry held was not fair and proper and the management was given the opportunity to prove the charges. The workman was also acquitted in the criminal case lodged under Sections 406, 409 and 420 IPC. Before the Labour Court also, the Management failed to prove that there was misconduct and misappropriation on the part of the workman and accordingly, reinstatement was ordered.

2. Once the workman has been kept out of employment due to the illegal acts of the management and it has not resorted and complied with the princi