MANAGEMENT OF KAR MOBILES LTD. Vs. G. CHANDRAIAH

JUDGEMENT

(1.) These petitions are arising from the award passed by the Labour Court, Bengaluru in I.D.Nos.36 to 39/2009. In terms of the impugned award, punishment of dismissal from employment imposed on the workmen pursuant to disciplinary enquiry have been set-aside and the workmen have been ordered to be reinstated with continuity of service and other consequential benefits. However backwages are declined. Hence, the Management is before this Court in W.P No.15852/2012 assailing the aforementioned award, for reinstatement.

(2.) Two workmen - G.Chandraiah and K.G. Kemparaju who raised industrial dispute No.36/2009 and 38/2009 respectively are before this Court in W.P NO.47781/2012 assailing the award declining the back wages. For the sake of convenience, the Management is referred to as 'the petitioner' and the workmen are referred to as 'respondents' in both petitions.

(3.) In terms of the order passed by the Management on 28/5/2009, the respondents have been dismissed from service pursuant to the disciplinary enquiry. Hence, the respondents raised the said dispute Nos.36 to 39/2009 before the Labour Court invoking Sec. 10(4- A) of the Industrial Disputes Act, 1947 (Hereinafter referred to as the 'Act of 1947' for short).