FESTO CONTROLS PVT., LTD., REPRESENTED BY ITS MANAGING DIRECTOR NO. 237-6. BOMMASANDRA INDUSTRIAL AREA, HOSUR HIGHWAY BANGALORE Vs. SHRI H.VENKATESHA, S/O. LATE H. BHANUVANTHA RAO

JUDGEMENT

(1.) W .P. No. 23187/2011 is preferred by the workman calling In question the award dated 18.9.2010 in I.D. No. 93/2005 of the III Additional Labour Court, Bangalore, insofar as it relates to denial of back wages. W.P. No. 23184/2011 is preferred by the workman calling in question the award dated 18.9.2010 in I.D. No. 95/2005 of the III Additional Labour Court, Bangalore insofar as it relates to denial of back wages. W.P. No. 39967/2010 is filed by the management calling in question the award dated 18.9.2010 in I.D. No. 93/2005 of the III Additional Labour Court, Bangalore directing reinstatement" with continuity of service and consequential benefits. W.P. No. 39968/2010 is filed by the management, calling in question the award dated 18.0.2010 in I.D. No. 95/2005 of the III Additional Labour Court, Bangalore directing reinstatement with continuity of service and consequential benefits.

(2.) WITH the consent of the learned Counsel for the parties, petitions are clubbed together, finally heard and are disposed of by this order.

(3.) THE orders of dismissal were called in question by filing two petitions invoking section 10(4 -A) of the Industrial Disputes Act, 1947. for short Act, before the Labour Court. Bangalore registered as I.D. Nos. 93 and 95 of 2005. respectively. the claim petitions were resisted by filing counter statements of the Management, following which, the Labour Court framed issues, first of which related to validity of the domestic enquiry. Parties when permitted to adduce evidence on that issue the Labour Court by order dated 12.1.2010 returned a finding in the affirmative, holding the domestic enquiry as fair and proper. The workmen entered trial on the allegation of victimization and thereafterwards, the Labour Court by the awards impugned recorded a finding that the workmen were victimized and that the punishments of dismissal were grossly disproportionate to the gravity, of misconduct held proved and accordingly directed reinstatement with continuity of service and consequential benefits, however, without back wages.