Summary
The Court restored the Labour Court’s award of 25% back wages and corrected the High Court’s treatment of reinstatement as excluding continuity of service. As the award did not expressly deny continuity, the workman was entitled to notional continuity and consequential computation of retirement dues.
Issues
- Whether an award of reinstatement that does not deny continuity carries continuity of service.
- Whether the High Court was justified in deleting the limited award of back wages.
Held
- Continuity followed the reinstatement award as a matter of law because the Labour Court had not specifically denied it. The High Court’s contrary description of the award was erroneous. (¶¶ 6, 7)
- The Labour Court had restricted back wages to 25% after taking account of recorded gainful employment. In light of its finding that the disciplinary findings were perverse, that limited award was fair and the High Court had no justification for deleting it. (¶ 8)
- The retired appellant was entitled to notional continuity, retirement dues and 25% back wages for the relevant period, to be computed and paid within three months of receipt of a certified copy. (¶ 9)
Result
Appeals allowed. Reinstatement maintained with notional continuity of service and 25% back wages. Retirement dues and back wages directed to be computed and paid within three months of receipt of a certified copy of the order.