KIRLOSKAR BROTHERS LTD Vs. SUDHAKAR DEVNARAYAN MISHRA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 07.11.1995 passed by the Labour Court, Ahmedabad in Reference [LCA] No. 185/1984, whereby the Labour Court has directed the petitioner to reinstate the respondent with continuity of service and 50% back wages.

(2.) The short facts of the case are that the respondent workmen at the relevant time were working on the post of Driver and Peon respectively. Somewhere in the year 1983, the petitioner introduced a voluntary retirement scheme for the employees of the company. As the respondents did not opt for the said scheme, they were retrenched by issuing retrenchment notices dated 05.09.1993. Being aggrieved by the same, the respondents raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 185/1994. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court partly allowed the reference. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it appears that the as per the relevant rules, the petitioner has not issued the retrenchment notices to the respondents. The petitioner had also not produced the seniority list before the Labour Court. There is also a clear finding of violation of Rules 80(B) and 81(B)(2) of the Rules. Apart from that the petitioner after retrenching the respondents had appointed new persons in place of the respondents. Thus, there is also clear finding of violation of provisions of Section 25F of the I.D. Act. Therefore, I am of the view that the Labour Court has rightly passed the award qua reinstatement with continuity of service.