CAPS P LTD Vs. USHA SINHA

JUDGEMENT

(1.) By way of this writ petition the petitioner-Company had challenged the award dated 21-03-2002 in ID Case No. 241/1990 whereby the relief of re-instatement in service with 50% back wages was granted to the two respondentsworkmen by the Industrial Tribunal.

(2.) The respondents-workmen were admittedly employed with the petitioner-management. They had approached the labour authorities with the grievance that their services had been terminated illegally by the petitioner herein. Since they could not get any relief against the petitioner there the dispute between the petitioner was referred for adjudication to the Industrial Tribunal vide Reference order dated 23rd March, 1990 with the following term of reference: -

(3.) The respondents-workmen had filed their separate statements of claim whereby they claimed that the termination of their services to be illegal. The petitionermanagement had also filed its separate written statements denying the allegations of illegal termination of the services of the respondents. It was pleaded that the respondent no. 1 was employed w. e. f. 2 nd May, 1988 while respondent no. 2 was employed w. e. f. 1 st April, 1989 and that they were remaining absent w. e. f. 10.9. 89 and 20.9. 89 respectively and further that they had not completed 240 days of service and that the management was ready to take them back on duty without any back wages.