ASIAN RUBBER INDUSTRIES Vs. VAKIL

JUDGEMENT

(1.) Vide the present writ petition, the Management has challenged the award dated 16.10.2004 in ID No.40/98, whereby an order of reinstatement of the workman was passed along with continuity in service and 50% of back wages at the rate of last drawn wages of Rs. 1800/- per month from the date of his termination, i.e., 11.01.1997, till the date of his reinstatement.

(2.) The admitted facts of the case are that the workman was working as a piece rate employee with the Management. The plea of the workman before the learned Labour Court (Industrial Tribunal) was that he had verbally demanded his wages according to minimum wages of skilled worker, which annoyed and upon this, the Management, with mala fide intentions terminated his services on 11.01.1997. He had also taken the plea that the Management was not providing any legal facilities, like appointment letter, attendance register, CL, minimum wages, festival holidays, etc. and he had raised the demand of the same on several occasions.

(3.) The plea of the Management was that the workman was working as a piece rate worker and the rates had been fixed with mutual consent. The production was recorded and a proper record of it was maintained and the production was the basis of payment of remuneration to the workman. The workman used to submit the bill and after checking the same, the wages used to be paid to him accordingly. The rates were varying from item to item and were reviewed and revised from time to time with mutual consent. He was not regular and so he was paid whatever work he used to do during a particular month. Care was, however, taken that the overall remuneration paid to him during the working month should be in accordance with the wages fixed by the Government from time to time. The case of the Management was that they had never terminated the services of the workman, but, he absented himself from duty and did not join despite their offer to him to join duties and also offered to take him back. It was on these facts that the Labour Court (Industrial Tribunal) had given its findings.