ABASKAR CONSTRUCTION (P) LTD. Vs. DEVI DUTT

JUDGEMENT

(1.) The writ petition (W.P.(C) No.1959/2008) has been filed by M/s Abaskar Construction (Private) Limited (hereafter also referred to as 'ACPL') impugning an award dated 30.11.2007 passed by the Labour Court (hereinafter referred to as the 'impugned award') inasmuch as the Labour Court has set aside the retrenchment orders issued against three workmen, namely, Devi Dutt, Narain Dutt and Beerinder Pal. The said workmen are arrayed as respondents in W.P.(C) 1959/2008 and are petitioners in W.P.(C) 7452/2012 (hereafter referred as 'the respondent workmen'). The Labour Court set aside the retrenchment orders of the respondent workmen as it held that the Joint Managing Director of the ACPL was not empowered under the Articles of Association of ACPL to issue retrenchment orders and/or terminate the services of the respondent workmen. Consequently, the Labour Court directed reinstatement of the respondent workmen with continuity of service and full back wages.

(2.) By the impugned award, the Labour Court also held that there was no violation of the retrenchment procedure or Section 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act'). These findings of the Labour Court have been challenged by the respondent workmen in writ petition (W.P.(C) No.7452/2012).

(3.) Since the impugned award is assailed in both the petitions, the same have been heard together. Briefly stated, the relevant facts for considering the controversies which are subject matter of the present petitions are as under: