SAURASHTRA PAINTS LTD Vs. MUNVARALLI KASAMALLI BUKHARI

JUDGEMENT

(1.) Both these Special Civil Applications arise from one and the same award given by the Labour Court, Ahmedabad in Reference (LCR) No.1619 of 1982, which are taken up for hearing together and are being disposed of by this common judgment.

(2.) The Labour Court has passed the award awarding 50 per cent of back wages to the workman from 11.6.1982.

(3.) Learned counsel for the management, Shri Y.H. Vyas contended that the award of the Labour Court is wholly perverse. The Labour Court has recorded finding of fact that the workman has gone on illegal strike and failed to resume duties though he was given notice and it was taken to be misconduct. But still 50 per cent of back wages were ordered to be given, which is a relief against the employer. On the other hand, learned counsel for the workman contended that the order of the Labour Court is perfectly justified as the workman has come up with the case before the Labour Court that he was not knowing even about the strike on 6 & 7th of June 1982 as he was on medical leave during that period. In support of his sickness he produced xerox copy of medical certificate.