BHARAT ELECTRONICS LTD. Vs. INDUSTRIAL TRIBUNAL & ANR.

JUDGEMENT

(1.) This matter coming up for orders on I.A.1, for vacating the stay, is taken up for final disposal and after hearing counsel for parties disposed of by the following order:

(2.) This is a petition by the employer-Bharat Electronics Limited. It is aggrieved by the award made by the Industrial Tribunal, Bangalore, in Industrial Disputes Nos. 10 and 12 of 1983, on a complaint bearing No.8 of 1984. The complaint was made by the workman under section 33-A of the Industrial Disputes Act, which provides that for contravention of any conditions of service during the pendency of the dispute before the Labour Court of the Tribunal, the worker may complain against such contravention and the same shall be decided by that Court or the Tribunal, as the case may be, as if it were a dispute.

(3.) The complaint was that the workman had been refused work and he had not been paid wages. On facts, it has been found the employer was not justified in denying work. There is reference to the ill-health of the workman on account of which he was unable to attend to his work which resulted in his removal and withholding of wages. On facts, the Tribunal has come to the conclusion that the removal was not justified even on the evidence produced by the employer. In the result, it directed his reinstatement with back wages.