WELCAST STEELS LTD. Vs. BANGLORE NEWSPAPERS EMPLOYEES

JUDGEMENT

(1.) The appellant had a printing press engaged in printing newspapers for M/s. Bennett Coleman And Company Limited. It was taken over by the second appellant in the year 1994. The appellant employed Shri Basavaraj, Shri Venkatappa and Shri Lingappa as plate-makers. Their function was negative joining. They were functioning as such. Subsequently, the three workmen took a contention that negative joining was not their job and they abruptly stopped doing the work of negative joining, which they had been doing for the previous years. Hence, a show-cause notice was issued and they were suspended. After receiving the order of suspension, Shri Lingappa reported to work and continued to do the negative joining. The Management initiated domestic enquiry against Shri Basavaraj and Shri. Venkatappa.

(2.) Subsequently, on 13.05.1992, the suspension was revoked. In spite of revocation, the two workmen namely, Basavaraj and Venkatappa refused to work. They raised a disputed against the first appellant alleging that they were being forced to carry out the work of negative joining. The matter was referred to the Labour Court, Bangalore.

(3.) The Labour Court by its order dated 25.01.2006, accepted the reference. The appellant was directed to treat Basavaraj and Venkatappa as on their roles and to pay 100% back wages from the date of their suspension; the subsistence allowance paid during the course of domestic enquiry may be adjusted while calculating the back wages . Sri. Venkatappa having died, the legal representatives were entitled for back wages and death benefits.