ELECON ENGINEERING CO LTD Vs. K J ISSAC

JUDGEMENT

(1.) All these Special Civil Applications arise out of the final award dated 9th May 1989, made in Arbitration Reference under section 10A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act 1947').

(2.) The respondents-workmen in these petitions were discharged from services by petitioner on 18.6.84 in case of three workmen and on 25.6.84 and 2.7.84 in case of two other workmen. Under the impugned award aforesaid the discharge order of all the respondents-workmen in these petitions was held to be not proper and justified and they were ordered to be reinstated back in services. So far as the backwages are concerned, the Arbitrator, in case of respondents-workmen in Special Civil Applications No.7430 of 1989, 7432 of 1989, and 7433 of 1989, ordered for full backwages and in the remaining two Special Civil Applications, i.e. Special Civil Application No.7431 of 1989 and 7434 of 1989, 80% backwages were ordered to be paid.

(3.) During the course of arguments, the learned counsel for petitioner has given up the challenge made to the impugned award to the extent it relates to grant of reinstatement in services to the respondents-workmen in all cases, but restricted the challenge to that part of the award where in three petitions, the respondents-workmen were ordered to be given 100% backwages and in two petitions 80% backwages were ordered to be paid.