BILLMETAL WORKS Vs. BHARAT SINGH R CHANDEL

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the impugned judgment and award passed by the learned Presiding Officer, Labour Court, Vadodara in Reference (LCB) No.84/1991 by which the learned Labour Court has partly allowed the said Reference and has quashed and set aside the order of termination dated 17/11/1986 and has ordered reinstatement of the workman with 75% backwages from 25/09/1990 and with continuity of service.

(2.) At the outset it is required to be noted that by the impugned judgment and award the learned Labour Court has interfered with the order of punishment dismissing the workman from service in exercise of powers under Section 11A of the Industrial Disputes Act denying 25% backwages from 25/09/1990.

(3.) The main contention on behalf of the petitioners is that when the learned Labour Court has interfered with the order of punishment in exercise of powers under Section 11A of the Industrial Disputes Act and consequently the learned Labour Court has quashed and set aside the order of termination, the learned Labour Court ought to have imposed some punishment commensurate with gravity of the misconduct committed by the workman.