MANAGEMENT, M/S. BRITISH AIRWAYS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The brief facts of the case are as follows:- Claiming that the "Bureau of Civil Aviation Security" [BCAS] had issued an order requiring All International Airlines to stop selfhandling of security and to appoint an Indian Domestic Carrier to carry out security functions, the petitioner-Management had terminated the services of all the respondents-workmen from their various capacities in their security division. The termination order came to be challenged by these affected workmen in various Industrial Disputes before the Central Government Industrial Tribunal-cum-Labour Court, Chennai and by a Common Award dtd. 8/2/2016, the disputes came to be allowed, by directing the Management to reinstate the workmen with 50% of their back wages, together with continuity of service and other attendant benefits. Challenging these Awards, the present Writ Petitions have been filed.

(3.) While the learned counsel for the petitioner-Management placed several grounds touching upon the factual matrix of the disputes and questioned the Award, the learned counsel for the workmen submitted that such re-appreciation of evidence under Article 226 of the Constitution of India, is impermissible. The other ground raised by the workmen was that in case of retrenchment, the Management is required to follow the procedure contemplated under Sec. 25(F) of the Industrial Disputes Act, 1947 [hereinafter referred to as 'ID Act'] and since the Management had not adhered to the principle of "last come first go", the termination itself, is bad in law.