SCOOTERS INDIA LTD. Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Heard Sri Rakesh Chandra Tiwari, learned counsel for the petitioner and Sri Manish Kumar, learned counsel for workman-opposite party no. 2. Writ Petition No. 1452 (SS) of 1995 and Writ Petition No. 1415 (SS) of 1998 though involve different issues but pertain to the same workman, therefore, both the writ petitions were heard together. The earlier writ petition filed in the year 1995 i.e. Writ Petition No. 1452 (SS) of 1995 arises out of the labour court award rendered in Adjudication Case No. 215 of 1990 whereby the order of dismissal passed by the petitioner employer dated 30.1.1982 was held to be bad inlaw and the opposite party no. 2 workman was reinstated in service with all back wages.

(2.) Insofar as Writ Petition No. 1415 (SS) of 1998 is concerned, the same has been filed by the workman against the order of termination from service passed on 23.9.1997 allegedly on the ground that he had deliberately not chosen to comply with the order of transfer dated 14.10.1995 and thus, failed to join at the transferred place at Pune despite having received travelling allowance towards the same.

(3.) It is in dispute between the parties that the workman was reinstated on 30.9.1995 after passing of two consecutive interim orders by this Court on 7.8.1995 and 28.9.1995 in Writ Petition No. 1452 (SS) of 1995, which are extracted asUnder: under: