DENIS CHEM LAB LIMITED Vs. TARMENDRA VINUBHAI RAVAL

JUDGEMENT

(1.) IT was brought to the notice of the Court that only one Special Civil Application No.26362 of 2006 has been notified, but the other Special Civil Application No.12982 of 2007 being cross matter arising from the very award, preferred by the workman for, so far as not awarding the backwages to the extent of 60% has not been notified.

(2.) AS there are cross petitions prepared by both the sides for the sake of convenience, the company shall be referred as an 'employer' or the 'Company', whereas, the workman shall be referred as 'workman' for the sake of convenience.

(3.) SHORT facts of the case appear to be that the workman was appointed as a 'Chemist' by the company and as per the company, on 26.12.1997 as the work was not found satisfactory and the company lost the confidence upon the workman, his services were terminated. In response thereto, the workman made a representation which was considered and the termination dated 26.12.1997 was withdrawn and the workman was asked to join the duty vide letter dated 31.12.1997, but the workman did not join the duty. A dispute was raised in the year 1998 under the Industrial Disputes Act [herein after referred to as the 'Act'], which was referred to the Labour Court for adjudication being a Reference No.(LCK)179/1998. The Labour Court at the conclusion of the adjudication, passed the impugned judgment and award dated 13.11.2006, whereby, the Labour Court directed for reinstatement with 40% backwages. Under the circumstances, the company has preferred Special Civil Application No.26362 of 2006 challenging the reinstatement and awarding of 40% backwages, whereas, the workman has preferred Special Civil Application No.12982 of 2007 so far as not awarding of 60% of the backwages. Under the circumstances, both the petitions before this Court.