2000 INSC 0983
                                        SUPREME COURT OF INDIA

                                    A. Balaiah vs Depot Manager, A.P. Srtc

                             (S.P. Bharucha, V.N. Khare and Y.K. Sabharwal JJ.)

                                                      04.09.2000

                                                       ORDER

1. Delay condoned.

2. Leave granted.

3. These are appeals by a workman of the respondent. Having been removed from service, he
moved for reinstatement before the Labour Court and the Labour Court directed the respondent to
reinstate him with continuity of service, 75% of back wages and other attendant benefits. The award
was challenged by the respondent before the High Court of Andhra Pradesh. A Division Bench of
the High Court affirmed the award but it said, "However, having regard to the facts and
circumstances of the case, we think it just and proper to order reinstatement of the petitioner without
continuity of service and without back wages." The workman impugns the order of the High Court
insofar as it modifies the award to deny him back wages (the High Court having taken the view in
review that continuity of service should be ordered).

4. We find that the High Court has given no reasons for denying the workman the back wages that
the Labour Court had awarded him. What the facts and circumstances of the case were, which the
High Court relied upon, is not explained. We think in the circumstances, that the order of the High
Court should be set aside and the writ petition (Writ Petition No. 1521/93) should be restored to the
High Court to be heard and decided afresh, expeditiously.

5. Order on the appeals accordingly.

6. No order as to costs.