BHASKAR KHUSHALDAS NAYAK Vs. BHARAT VIJAY MILLS LTD

JUDGEMENT

(1.) These cross petitions have been filed against the judgment and award passed by the Industrial Court, Ahmedabad in Appeal (IC) Nos.21/1998 & 65/1998 dated 31.03.2000, whereby, the order passed by the Labour Court, Kalol in T. Application No.29/1992 dated 12.05.1998 was modified and the respondent-Company was directed to reinstate the petitioner-workman with full back wages w.e.f. 01.10.1994 and cost of Rs.1,000/-. S.C.A. No.9544/2000 has been preferred by the original workman challenging that portion of the impugned award of the Industrial Court, whereby, he was not granted back wages from the date of his termination from service. S.C.A. No.6042/2000 has been preferred by the Company challenging the impugned award, whereby, the Company has been directed to reinstate the workman with full back wages w.e.f. 01.10.1994.

(2.) The facts in brief are that the petitioner-workman was serving as a "Safai Kamdar" in the "Rutici" Department of the respondent-Company. In 1992 the respondent-Company closed down the said Department and therefore, the petitioner was officered alternate employment in another Department of the Company, which was accepted by the petitioner-workman.

(3.) It is the case of the petitioner-workman that he was, however, not permitted to resume his duties in the new Department w.e.f. 23.07.1992.