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Issues: (i) whether the appellant had secured appointment as a land-loser's family member on the basis of his marriage to the land-loser's daughter and whether the Labour Court's finding on that aspect was liable to be disturbed in writ jurisdiction; (ii) whether the appellant was entitled to reinstatement with consequential service benefits, and whether back wages should be granted for the intervening period.
Issue (i): Whether the appellant had secured appointment as a land-loser's family member on the basis of his marriage to the land-loser's daughter and whether the Labour Court's finding on that aspect was liable to be disturbed in writ jurisdiction.
Analysis: The material on record, including the marriage-related documents, employer-recorded family details, ration card entries and the subsequent conduct of the parties, supported the Labour Court's conclusion that the appellant had married the land-loser's daughter and was appointed under the rehabilitation scheme meant for the land-loser's family member. The writ court disturbed those factual findings without compelling reason, despite the settled restraint ordinarily governing interference with reasoned findings of the Labour Court.
Conclusion: The finding of fraud or misrepresentation was unsustainable, and the Labour Court's award ought not to have been set aside.
Issue (ii): Whether the appellant was entitled to reinstatement with consequential service benefits, and whether back wages should be granted for the intervening period.
Analysis: Once the Labour Court's award was restored, reinstatement with consequential service benefits followed. At the same time, full back wages were not justified for the period during which the writ court had set aside the award, and that gap period was directed to count only for other service benefits.
Conclusion: The appellant was entitled to reinstatement with consequential service benefits, but not to back wages for the specified intervening period.
Final Conclusion: The award in favour of the appellant was restored, the writ interference was disapproved, and the appellant's service restoration was directed with limited denial of back wages.
Ratio Decidendi: A reasoned factual finding of the Labour Court should not be displaced in writ jurisdiction absent compelling reasons, and restoration of service relief may be granted without awarding full back wages for the intervening period.
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