MUSTAK A SAIYAD Vs. GUJARAT CARBON INDUSTRIES LTD

JUDGEMENT

(1.) BOTH the appeals are directed against the order passed by the learned Single Judge of this Court in the respective Special Civil Applications, whereby the learned Single Judge has not interfered with the award so far as it relates to not granting of the reinstatement, but has interfered with the award passed by the Labour Court for grant of 45% back-wages to the workmen concerned.

(2.) WE have heard Mr.N.K. Majmudar, learned Counsel appearing for the appellants and Mr.Chudgar, learned Counsel for the respondent.

(3.) WHEREAS , Mr.Chudgar, learned Counsel appearing for the respondent Company submitted that the Company was declared as public utility, keeping in view its operation and the importance involved to the public utilities. Therefore, the Company was desirous to see that the production remains continuous and there was settlement between the Union and the Company. It is on account of the insistence by the Union for demanding 30% bonus ex gratia as against the bar operating in light of payment of bonus exceeding 20%, the workmen proceeded on strike and declined to work, which has resulted into disruption of production activity and consequently, disruption of the public utility service. He submitted that the gravity of the charges would call for punishment of dismissal. Once the punishment of dismissal was upheld by the Labour Court, back-wages could not have been granted by the Labour Court and he submitted that the appeal is meritless and, therefore, may be dismissed.