CHIEF OFFICER Vs. VINOD HIRA & 14

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has, inter -alia, prayed to quash and set aside the judgment and award dated 26.06.2001 passed by the Labour Court, Junagadh in I.D. Complaint No. 42 of 1999, whereby the Labour Court allowed the Complaint and directed the petitioner to reinstate the respondents -workmen with 25% back -wages. The facts in brief are that the petitioner is a Municipal Borough and is having its own regular set up of the employees and the financial position of the petitioner is weak. The respondents -workmen have wrongly lodged a false complaint against the petitioner before the Labour Court apprehending their termination. They had also filed an application for interim stay which has been allowed by the Labour Court vide order dated 11.08.1999 restraining the petitioner to terminate the respondents from service. Thereafter, the respondents have filed contempt application alleging that even though the stay order has been passed, their services have been terminated, which application has been rejected by the Labour Court and the respondents have withdrawn the stay application.

(2.) HEARD learned counsel for the respective parties and perused the documents on records.

(3.) FOR the foregoing reasons, the present petition is partly -allowed. The impugned judgment and award passed by the Labour Court qua granting of 25% back -wages to the respondents -workmen is hereby quashed and set aside. The rest of the impugned judgment and award remains unaltered. In view of the above, the present petition is partly -allowed. Rule is made absolute to the aforesaid extent. The award be drawn accordingly.