Hon'ble Judges/Coram:
Dr. Arijit Pasayat and Tarun Chatterjee

JUDGMENT

Arijit Pasayat, J.

1. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court in a review application.

2. Factual background in a nutshell was as follows:

The respondent who was appointed as a conductor of the appellant-Corporation during inspection on 5.6.1989 he was found not to have issued tickets to the passengers. He was placed under suspension on 20.6.1989. The reply submitted by him was found to be unsatisfactorily and it was decided to conduct disciplinary enquiry. After conducting the enquiry, the enquiry officer submitted his report wherein charges were held to have been proved against the respondent. A show cause notice was issued to the respondent proposing to award the punishment of removal from service and after considering the reply submitted to the show cause notice and other relevant record, the appointing authority passed an order removing him from service. An industrial dispute was raised by him questioning the legality of the order dated 31.12.1990. The labour court held that the enquiry was not conducted in a fair manner. However, being of the view that the respondent was not in the list of permanent conductors, it was held that he was not entitled to get any back wages. Therefore, only an order of reinstatement was passed. An application purported to be under Section 6(6) of the Uttar Pradesh Industrial Disputes Act, 1947 (in short the 'U.P. Act') was filed stating that the conclusion of the labour court that he was not in the permanent list was not correct and, therefore, he was entitled to the benefit of back wages. The labour court held that though from the pleadings of the parties it was not clear that the employee concerned was not in the aiting list of permanent candidates yet the award was to be modified. Certain directions about the payment of salary, allowances etc. from 31.12.1992 till reinstatement with continuity of service was directed. This was questioned by the appellant before the Allahabad High Court. A learned Single Judge held that though payment of back wages was not the normal rule yet on the facts of the case the respondent was entitled to 50% of the back wages with 9% interest. Said order is challenged in this appeal.

3. Learned Counsel for the appellants submitted that the order passed by the labour court in purported exercise of Section 6(6) of the U.P. Act was clearly untenable. The same only permitted correction of clerical or arithmetical mistakes in the award or errors arising in the award from any accidental slip or omission. The order passed by the labour court modifying the original award was clearly beyond the scope and ambit of Section 6(6) of the U.P. Act. ........