TATA SONS LTD Vs. WORKMEN

JUDGEMENT

(1.) C.M.Appln. Nos. 4503/2012 & 10318/2012

(2.) The petitioner has filed the writ petition to challenge the award dated 24.09.2009 passed by the Ld. Presiding Officer, Industrial Tribunal No. II in Industrial Dispute no 330/2001, whereby termination of the respondent-workmen has been held to be illegal and the petitioner has been directed to reinstate Respondent No 1A , Respondent no 1B, Respondent no 1C and respondent no 1D with 30% back wages, and Respondent no 1E-who unfortunately expired during the labour court proceedings, was granted 30% back wages. The operation of the impugned award was stayed vide order dated 15.03.2010 on deposit of the awarded amount with the Registrar General until the present dispute is finally decided. However, vide order dated 03.05.2012, the court directed release of the 30% back wages which were deposited by the petitioner with the Registrar General, in favor of the three surviving workmen i.e respondent no 1A, 1B and 1D as well as the legal heirs of the two deceased workmen, i.e respondent no 1C and 1D and stayed the operation of the award to the extent of reinstatement of the workmen, during the pendency of the writ petition.

(3.) At the outset, it is to be noted that respondent no 1C passed away on 20.03.2011 i.e during the pendency of the present proceedings whereas, respondent no 1E had passed away even before the passing of the impugned award.