RAHIMBHAI SULTANBHAI PALEJA Vs. LABEL LEMINATES

JUDGEMENT

(1.) These two petitions are filed respectively by the employees and employer to challenge the award of the Labour Court, Rajkot in Reference No. 1293/86 to 1308/86. As these two petitions are arising from one and the same award, they are heard together and are being disposed of by this common judgment.

(2.) The petitioners in SCA No. 7975 of 1997 were working with the respondent No. 1-Label Leminates. It was their claim that they were wrongfully and illegally terminated. Therefore, they raised an industrial dispute which resulted into References Nos. 1293 of 1986 to 1306 of 1986, The Labour Court has passed the award on 3.1.1997 by which he directed the reinstatement of the workman with 50 percent of back wages. The employer had come before the Court to challenge that part of the award viz. awarding back wages of 50 percent. It is the contention of the employer that in the interregnum period, the employees were working with some other establishments and were gainfully employed and therefore, they were not entitled to claim and get any back wages. The employer had given an application before the Labour Court seeking the production of evidence of some persons with whom they were working. But said application was rejected by holding that it was filed at very late stage.

(3.) It is further the claim of the employer that after the award was passed in favour of the employees, they directed the workmen to join the duties as they wanted reinstatement. Though the workmen attended for few days, they abandoned the job thereafter. It is the claim of the petitioner that the workmen are riot at all regular in work and they remain absent on and often.