Case Note & Summary
The petitioner, a workman, filed a writ petition under Articles 226 of the Constitution of India seeking a direction to the respondents, Life Insurance Corporation of India (LIC), to comply with the award passed by the Central Government Industrial Tribunal (CGIT) dated 16.08.2001. The award had held that the dismissal of the workman from service was not justified and directed reinstatement with continuity of service. Subsequently, by way of amendment, the petitioner sought a direction to the 1st respondent to pay wages from 16.08.2001 to 04.02.2019 as directed in the award. The operative portion of the award stated: "Reference is allowed, and the action of management in dismissing the first party/workman from service is not justified as prayed by the first party and further, the management is directed to reinstate the First Party with continuity of service." The court, after hearing the parties, held that the award is binding and must be complied with. The court directed the respondents to comply with the terms of the award and pay the back wages from 16.08.2001 to 04.02.2019 as per the award. The petition was allowed with the direction to comply within a reasonable time.
Headnote
A) Industrial Law - Reinstatement - Compliance of Award - Central Government Industrial Tribunal (CGIT) Award - The workman sought direction to LIC to comply with the CGIT award dated 16.08.2001 which held the dismissal unjustified and directed reinstatement with continuity of service. The court held that the award is binding and must be complied with, and directed payment of back wages from 16.08.2001 to 04.02.2019 as per the award. (Paras 1-3)
Issue of Consideration
Whether the respondents are bound to comply with the award of the Central Government Industrial Tribunal dated 16.08.2001 directing reinstatement with continuity of service and back wages from 16.08.2001 to 04.02.2019.
Final Decision
The writ petition is allowed. The respondents are directed to comply with the terms of the award dated 16.08.2001 and pay back wages from 16.08.2001 to 04.02.2019 as per the award.
Law Points
- Industrial Dispute
- Reinstatement
- Back Wages
- Compliance of Award
- Writ of Mandamus
