KUDUMA FASTENERS PRIVATE LIMITED, BANGALORE Vs. A. MATHIAS

JUDGEMENT

(1.) Since common questions of fact and that of law arise for consideration in these petitions, with the consent of the learned counsel petitions are clubbed together, finally heard and disposed of by this order.

(2.) In these petitions preferred by the Industrial undertaking having filed serial applications invoking Section 33(1)(b) of the Industrial Disputes Act, 1947, for short Act , in Ref.No.48/2007, seeking permission of the II Addl. Labour Court, Bangalore to terminate the services of the respondent-workmen on proof of unauthorized absence, the respondent-workmen filed a memo dated 22.12.2011, in each of the serial applications, to direct the petitioner to pay monthly wages during the pendency of the serial applications, on the premise that the workmen are starving and despite efforts and repeated requests to report to work did not yield result and hence petitioner is guilty of arbitrary action in refusing employment w.e.f. 23.2.2007. That memo was opposed by filing statement of objections dated 20.6.2012, inter alia contending that though the workmen were called upon to report to duty nevertheless did not do so and that the proceeding in the serial applications is protracted by the workmen by not filing statement of objections. In addition, it is contended that the workmen are not starving since gainfully employed, amongst other contentions. The cause of action for termination of service is due to unauthorized absence of the workmen, it is said, there are no bonafides in the claim for wages.

(3.) The Labour Court by order dated 1.3.2013 on each of the memos allowed the same and directed payment of 75% of last drawn wage from 22.12.2011 until disposal of the serial applications and to pay the said arrears upto 22.2.2013 on or before the next date of hearing i.e. 19.3.2013.