KWALITI RESTAURANT Vs. SECRETARY GENERAL ENGINEERING MAZDOOR UNION

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 21/08/2001 passed by the Labour Court No. 6, Ahmedabad in Reference (L.C.A.) No. 1610/1988 by which the Labour Court has directed the petitioner to pay back wages to the concerned workmen for the period between 09/03/1988 to 04/05/1993 / for the period between 1984 to 1997 i.e. till the petitioner-restaurant was closed.

(2.) Considering the fact that the order of reinstatement was earlier confirmed by this Court and the matter was remanded for the purpose of quantum of back wages and considering the fact that as such admittedly the petitioner-restaurant has been closed since long there is a broad consensus between the learned advocates appearing on behalf of the respective parties that the amount of back wages be reduced to 40% and if the impugned judgement and award passed by the Labour Court is modified to the aforesaid extent they have no objection and they do not invite any further reasoned order.

(3.) In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case narrated hereinabove the present petition is allowed partly and the impugned judgement and award passed by the Labour Court No. 6, Ahmedabad dated 21/08/2001 in Reference (L.C.A) No. 1610/1988 is hereby modified to the extent that the concerned workmen shall be entitled to 40% back wages awarded by the Labour Court. Rule is made absolute to the aforesaid extent. No cost.