KOSAN INDUSTRIES (P) LTD. Vs. NANDKISHORE SHRAVAN AHIRRAO

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 27th February, 2008, passed by the Labour Court, Surat, in Reference (LCS) No.103 of 1998, whereby the Tribunal has granted reinstatement with 25% back wages without continuity of service to the respondent-workman.

(2.) THE facts in brief are that the respondent-watchman had raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCS) No.103 of 1998 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) HAVING considered the contentions raised by the learned counsel for the respective parties, averments made in the petition and the documentary evidence produced on record, it transpires that the respondent- workman has been reinstated in service in pursuance of the aforementioned interim order, which is even confirmed by the learned counsel for the petitioner. Further, looking to the facts and circumstances of the case as well as the interim order passed by this Court, I am of the opinion that the Labour Court has rightly passed the judgment and award reinstating the respondent without continuity of service. The Labour Court has rightly observed that the respondent- workman has been imposed too harsh punishment of dismissal for charge-3, whereby the incident had taken place on 17th June, 1992 and even the salary of the respondent was deducted accordingly. Further, looking to the evidence on record, the Labour Court has rightly observed that the reasons assigned for charge Nos.3 and 4 are perverse and thus, when once the amount was deducted from the salary of the respondent, he ought not to have been imposed punishment second time for the very charge. Hence, the Labour Court has rightly exercised powers under section 11-A of the Act.