NIRMA LIMITED Vs. LABOUR COURT

JUDGEMENT

(1.) NIRMA Limited and another i.e. Shri R.K.Bhargava - DGM -HRD is before this Court being aggrieved by judgment and award dated 28th September, 2006 passed by the learned Judge of the Labour Court, Kalol, North Gujarat, in reference (LCK) No.77 of 1994. The learned Judge of the Labour Court was pleased to quash and set aside the action dated 27.11.1993 of oral termination of the workmen. The learned Judge was pleased to order reinstatement and award 25% of back wages with continuity of service and consequential benefits.

(2.) THE matter was heard at length. The learned advocate, Mr.Pranav Trivedi, for M/s.Trivedi & Gupta stated that the workmen are already reinstated in the year 2008 and there is no dispute between the workmen and the Company -employer since then. The learned advocate, therefore, requested that this Court may consider the question of grant of 25% back wages to the workmen. The learned advocate submitted that case of the employer before the Conciliation Officer as well as before the Labour Court was that, 'they had never terminated the services of the workmen. It was the workmen who had abandoned the services somewhere in the year 1993 on their own'. The learned advocate submitted that taking into consideration the fact that since 2008, workmen are peacefully working and the case of the employer ­ petitioner and the fact that the employer is ready to give up all contentions, the Hon'ble Court may suitably modifies the direction of 25% of back wages.

(3.) THE learned advocate Mr.Pathak for the workman submitted that the Court may consider the question of grant of salary from the date of award till the date of actual reinstatement and may clarify about the 'consequential benefits'.