HJS SPUN SILK MILLS PVT. LTD. CHENNAMMANAHALLI RAMANAGARA TALUK RAMANAGARA-KANAKAPURA ROAD BANGALORE RURAL DISTRICT REP. BY ITS MANAGING DIRECTOR Vs. THE SECRETARY HJS SPUN SILK MILLS STAFF UNION. NO. 83. 5TH CROSS MALLESWARAM BANGALORE - 03@RES

JUDGEMENT

(1.) THE employer, aggrieved by the award dt. 18/8/2008 in AID No. 17/05 holding the lay -off of 13 workmen as illegal, entitling them to wages up to their reinstatement and recording a finding that the industrial dispute raised after 4 years is not stale by award dt. 18/8/2008 in AID No. 17/05 of the Tribunal, Bangalore, has presented this petition.

(2.) HAVING heard the learned Counsel for the parties, perused the pleadings and examined the award impugned, the industrial dispute regarding lay -off of 13 employees in the year 2001 was referred for adjudication by order dt. 23/11/2005 of the State government. One of the points of reference was justification of the union in raising the dispute 4 years after the order. The explanation for the delay was required to emanate from the workmen who raised the dispute, in other words the burden of proof was upon the workmen to establish to the satisfaction of the Labour Court over the delay. WW -1 examined before the Labour Court, testified that conciliation was initiated on 2/2/2004 leading to a factual report dt. 2/9/2005. But for this material relevant material to substantiate the delay in raising the dispute is not forthcoming. On the part of the petitioner, one Afroz Pasha was examined as MW -1 who testified to the financial viability of the industry and about the accumulated losses resulting in eroding of the net worth of the company and therefore a sick industrial company, without making reference to the lock out or the number of persons who were paid terminal benefits and left the establishment. In other words, neither of the parties placed relevant material, germane to record a decision over the points of reference.

(3.) EXTENDING one more opportunity to both the parties to put forth their plea by recording evidence, both oral and documentary, in my opinion would meet the ends of justice.