2000 (11) TMI 1267

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.... wages while ordering reinstatement with continuity of service. 2. The High Court in the matters under appeal did interfere with the order of the Labour Court in a petition under Article 226 principally on the ground that the Labour Court was in error in the matter of grant of restricted back wages to the extent of 60% and the High Court has modified the order of the Tribunal and directed entitlement in its entirety. The appeal of appellant hereinbefore the Appellate Bench against the order of the learned Single Judge, did not however, yield any benefit and the contentions stand negatived by the Appellate Court and hence the appeals before this Court by the grant of special leave. 3. Incidentally, be it noted that three separate writ peti....

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....the law being well settled for which we do not intend to dilate, came to a conclusion that payment of 60% wages would comply with the requirements of law. 7. As noticed above, the learned Single Judge of the High Court while dealing with the matter apart form recording certain decisions of this Court did in fact notice a flaw in the matter of grant of the quantum of back wages and as such granted full quantum therefore. The High Court did not find any error or erroneous assumption of jurisdiction in the matter of declaration of payment of back wages. While it is true that admittedly the normal rule being payment of back wages in its entirety, the High Court while recording normal rule has failed to notice any error apparent with the reason....

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....into the factual aspects of the matter and there is an existing limitation on the High Court to that effect. In the event, however the finding of fact is based on any misappreciation of evidence, that would be deemed to be an error of law which can be corrected by a writ of certiorari. The law is well settled to the effect that finding of the Labour Court cannot be challenge in a proceeding in a writ of certiorari on the ground that the relevant and material evidence adduced before the Labour Court was insufficient or inadequate though however perversity of the order would warrant intervention of the High Court. The observation, as above, stands well settled since the decision of this Court in Syed Yakoob v. K.S. Radhakrishna [1964] 5 SCR ....

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.... precedent in the present case which is based on its own facts." We also record our concurrence with the observations made therein. 12. Payment of back wages having a discretionary element involved in it has to be dealt with, in the facts and circumstances of each case and no straightjacket formula can be evolved, though, however, there is statutory sanction to direct payment of back wages in its entirety. As regards the decision of this Court in Hindustan Tin Works Pvt. Ltd. (supra) be it noted that though broad guidelines, as regards payment of back wages, have been laid down by this Court but having regard to the peculiar facts of the matter, this Court directed payment of 75% back wages only. 13. Strong reliance has also been pl....