KESHAV TEXTILE Vs. RAVINDRASINH KUNVARSINH THAKUR

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 09.12.1998 passed by the Labour Court in Reference [LCA] No. 104 of 1998, whereby the Labour Court has directed the petitioner to reinstate the respondents with full back wages.

(2.) The short facts of the case are that the respondents at the relevant time were working with the petitioner Company. The petitioner on 31.01.1988 relieved the respondents from the service on the ground of closure of the company. Being aggrieved by the said action of the petitioner, the respondents raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 1041 of 1988. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the Reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The learned counsel for the petitioner states that as the company is closed, no reinstatement is possible. However, the same is disputed by the learned counsel for the respondent. Thus, in order to avoid any controversy as to whether reinstatement is possible or not, the issue is left open to the competent authority of the petitioner to adjudicate the issue while executing the decree for reinstatement. Thus, the award qua reinstatement stands confirmed.