CHOKSI TUBE COMPANY LTD Vs. RUSHKESH GAJENDRAKUMAR DABVE

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 21.05.2003 passed by the Labour Court, Ahmedabad in Reference [LCA] No. 1795/1996, whereby the Labour Court has directed the petitioner Company to reinstate the respondent on his original post with 50% back wages.

(2.) The short facts of the case are that the respondent at the relevant time was serving as Plant Operator in the petitioner Company. The allegation against the respondent is that the respondent with other workmen went on illegal strike and in spite of notice to resume the duties, the respondent did not resume the work. After following due procedure, the disciplinary authority of the petitioner Company vide order dated 08.09.1995 dismissed the respondent from the service for the alleged misconduct. Being aggrieved by the said order, the respondent raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 1795/1996. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court partly allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it appears that the petitioner-company had neither issued any notice nor display the notice on the board regarding the illegal strike declared by the workmen. Apart from that there is a clear finding regarding that the respondent had not instigated any workmen for illegal strike or prevented the workers from attending the duties. Therefore, I am of the opinion that the Labour Court has rightly passed the award qua reinstatement with continuity of service.