MAHEBUBBHAI I VORA Vs. NIMA PRIVATE LIMITED

JUDGEMENT

(1.) BY this petition, under article 227 of the Constitution of India, the petitioners, who are the original workmen, have challenged the award recorded by the Labour Court, at Vadodara, in Reference (LCB) No.147O/77, passed on 1/06/1983, whereby, order of the punishment of the dismissal imposed in departmental inquiry by the respondent-employer-company, upon a proof of delinquency with regard to indulging in a go-blow tactics in discharge of employment duties, came to be quashed ,but, without awarding back-wages. Therefore, precisely, the question which would emerge for determination and adjudication in this petition would be limited in a small circumference as to whether proportionality of imposition of penalty, in not awarding back wages while exercising the discrionery powers, under section 11-A of the Industrial Disputes Act, 1947, is not commensurate with delinquency established against the employees ? In other words, question requiring determination would be as to whether refusal of order withholding of backwages while passing order of reinstatement of the petitioners-employees could be said to be schokingly disproportionate to the delinquency established against employees. The answer to this question recorded by the Labour Court is evident from the enumeration of the facts in the impugned award. Nothing has been successful point out which would warrant departure or calling for interference of this Court,in the exercise of the discretionery powers of the Labour Court, under section 11-A, in terms of the delinquency established. More so in view of the following unquestionable aspect emerging from the records of the present case. (