MANAGEMENT OF ELASTREX POLYMERS PVT LTD Vs. LAKSHMANA

JUDGEMENT

(1.) This appeal is preferred by the management challenging the order passed by the learned single Judge, who has affirmed the order of re-instatement, granted continuity of service and also affirmed the payment of 50% of back wages as awarded by the Labour Court.

(2.) The Union, to which Respondents belong, issued strike notice on September 5, 1997. They also addressed a letter to the Labour and Conciliation Officer, on September 8, 1997. On receipt of the Strike Notice, the workers stopped working. Therefore, management issued individual notices dated September 13, 1997 and September 20, 1997, calling upon the workmen to report for duty. Management also addressed letters to Assistant Labour Commissioner on September 16, 1997, September 19, 1997, September 20, 1997, September 26, 1997 and October 27, 1997. However, the workmen refused to join for duty. They raised an industrial dispute, which was referred to by the Government to the Labour Court on September 28, 1998. In the Labour Court, workmen filed a memo on February 12, 1999, expressing their willingness to report to duty. The management did not take them back to duty. However, the management decided to take them back to duty on November 18, 1999 and from that date till now they are working. The Labour Court conducted enquiry and held, it is the management who refused work and, therefore, directed re-instatement of all the workmen. It did not grant continuity of service. However, had awarded only 50% back wages to the workmen. Aggrieved by the same, the workmen as well as the management preferred writ petitions challenging the award of the Labour Court to the extent it is adverse to their interest.

(3.) The learned single Judge, on re-appreciation of the entire evidence on record held, the finding of the Labour Court that, it is the management who refused work is clearly established, it found fault with the Labour Court in denying continuity of service and therefore, it granted the same. It also affirmed the finding of the Labour Court regarding 50% back wages. It is against the said order, the management is in appeal.