R.K. SHARMA Vs. BHARAT LITHO

JUDGEMENT

(1.) THIS order shall dispose of both the petitions bearing WPC No. 1681/2007 and WPC No. 1682/2007.

(2.) THE present petitions have been filed by the two workmen under Articles 226 & 227 of the Constitution of India for issuance of writ against order dated 4.5.2005 of the Labour Court in WPC No. 1681/2007 and order dated 7.5.2005 in WPC No. 1682/2007.

(3.) PETITIONERS /workmen filed two separate petitions before the Industrial Tribunal alleging that they were in service with the Management M/s Bharat Litho for the last four years as skilled workmen with last drawn wages of Rs. 4500/ - p.m. The management was not providing statutory benefits and when a demand for the same was raised, the Management got annoyed. The workmen joined union and raised a general demand dispute. In order to put an end to the general demand dispute, the management without serving any charge sheet, terminated their services on 24.10.99. The complaint was made to the labour department through union but despite intervention by the labour inspector, they were not given duty. The demand notice was sent on 25.10.99 to which no reply was given by the management. The management did not pay retrenchment compensation and the termination of their services was challenged as illegal. The Management did not appear during conciliation proceedings due to which conciliation proceedings failed and since then the workmen were unemployed and could not get any services despite their best efforts, they claimed that they were entitled to reinstatement with continuity of service and full back wages.