EUPHORIC PHARMACEUTICALS P LTD Vs. NATWARBHAI BALUBHAI PATEL

JUDGEMENT

(1.) As these petitions involved common questions on law and facts, they are disposed of by this common judgment. 1. Challenge in these petitions is to the common judgment and award passed by the Labour Court, Bharuch in Reference (LCB) No.8/1990 & 126/1983 dated 29.01.1999, whereby, the said references were allowed and the petitioner-Company was directed to reinstate the respondent-workmen with continuity of service and 70% back wages. S.C.A. No.4845/1999 has been preferred by the Company challenging the impugned award in its entirety, whereas, S.C.A. Nos.4405/2000 & 4411/2000 have been preferred by the workmen challenging the impugned award, whereby, they were not granted full back wages.

(2.) The facts in brief are that the respondent-workmen were working as Helpers with the petitioner-Company. On the ground that the workmen had allegedly resorted to "go-slow" tactics, they were charge-sheeted and subsequently, were dismissed from service vide order dated 29.11.1982. However, a second show cause Notice was issued to the workmen so as to provide an opportunity to the respondent-workmen to tender their explanation in respect of the proposed penal action of dismissal from service. Ultimately, the respondent-workmen were dismissed from service vide order dated 25.12.1982.

(3.) In the meantime, being aggrieved by the order of dismissal dated 29.11.1982, the workmen had raised a dispute before the Labour Court, by way of Reference (LCB) No.8/1990, which was revoked. Subsequently, the Labour Court passed the common impugned award dated 29.01.1999. Being aggrieved by the said award, the present petitions have been preferred.