SIMPLEX ENGINEERING & FOUNDRY WORKS LTD , MADHYA PRADESH (NOW CHHATTISGARH) Vs. PRAGATISHEEL ENGINEERING SHRAMIK SANGH, BHILAI, M P (NOW C G ) AND OTHERS

JUDGEMENT

(1.) The above-stated writ petitions have arisen out of award dated 16.10.1999 passed by Industrial Court, Raipur in Reference Case No. 2/M.P.I.R. Act, 1996. W.P. No. 4977 of 1999 has been preferred by the second party-employer namely Simplex Engineering and Foundry Works Limited against the part of the award granting compensation of 20,000/- to the employee attached with Reference made by appropriate Government, whereas W.P.No.68/2000 has been filed by the first party-Workmen Union namely Pragatisheel Engineering Shramik Sangh challenging the part of award refusing reinstatement/other benefits and claiming reinstatement with full back wages along with other consequential benefits.

(2.) Since both the writ petitions arise out of one and same Reference Case No. 2/1996 referred by appropriate Government to the Industrial Court for adjudication and answered by impugned award dated 16.10.99 and since common question of law and fact is involved in both the writ petitions, they were directed to be heard analogously and are being decided by this common order.

(3.) The aforesaid challenge has been made by the first party/Union and second party/employer questioning the legality, validity and correctness of the respective part of award which they are aggrieved on following factual back drop :-