PALACE THEATRE Vs. LABOUR APPELLATE TRIBUNAL OF INDIA

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of certiorari calling for an order of the Labour Appellate Tribunal of India, Bombay sitting at Madras, and to quash the same.

(2.) THE petitioners are the management of an establishment known as Palace Theatre, Salem. This petitioner along with eleven other talkies houses in Salem had a dispute between themselves and their employees and this dispute was referred to the industrial tribunal at Coimbatore for adjudication. The industrial tribunal made an award on 5 July 1951 and it was accepted by the Government who published it in their official gazette on 17 July 1951. Against this award of the tribunal, the petitioner-management filed an appeal to the Labour Appellate Tribunal, appeal No. 292 of 1951. There was also an appeal by the employees which was numbered as appeal No. 246 of 1951, During the pendency of these appeals respondent 2 Govindan, who was on the staff of the establishment of the petitioner's talkies house, was dismissed from service on 28 August 1951. This employee thereupon filed an appeal under Section 41 of the Madras Shops and Establishments Act (XXXVI of 1947), to the Labour Commissioner and this order of dismissal was set aside on the merits and Govindasami was reinstated on 24 November 1951.

(3.) THIS employee farther brought this dismissal to the notice of the Labour Appellate Tribunal by a complaint filed by him, application No. 124 of 1952, under Section 23 of the Labour Appellate Tribunal Act, 1950, and the Tribunal, by their order, dated 25 July 1952, ordered the reinstatement of the employee with a direction that "he shall receive all his back pay, allowances, etc. , up to the date of his restoration as if he had never been removed from service. "