PSL PIPE COATERS Vs. JASHUBHAI JIVABHAI ZALA

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 26.03.2004 passed by the learned Presiding Officer, Gandhidham in Reference ( L.C.G.) No. 764 of 1996 ( Old No. 154/95) whereby the petitioner was directed to reinstate the respondent on his original post with continuity of service and with full back wages.

(2.) According to the petitioner, the respondent workman was appointed as a Peon from 25.11.1991 to 19.06.1994 with the salary of Rs. 1000/- per month. On 19.06.1994 he committed theft of one cement bag of the Company and Security Officer caught him red handed and the Security Officer reported the same to the petitioner Management. However, complaint is not filed against the respondent by the petitioner.

(3.) Learned counsel for the petitioner has contended that the Labour Court has erred in awarding reinstatement with full backwages though nothing is produced on record that the respondent herein remained unemployed and not earned anything during last 8 years. He has further contended that payment of backwages to the respondent will cause a huge financial burden on the petitioner Management and hence the award of the Labour Court requires consideration.