MAHANAGAR TELEPHONE NIGAM LTD Vs. DEEPAK SADASHIV SHRIKANDE

JUDGEMENT

(1.) THE petition challenges the award passed by the CGIT No. II, Mumbai in Reference No. CGIT-2/2 of 1996. By this award, the Tribunal has allowed the reference by directing the petitioner to reinstate the respondent as a casual labourer and to pay him all wages from the date of termination of his services till reinstatement.

(2.) THE facts in the present case cannot be disputed. Respondent No. 1 was employed as a casual labourer with the petitioner from October 1985. He continued working with the petitioner till August 1986. His services were terminated on 1.9.1986 without complying with the procedure contemplated under section 25-F of the Industrial Disputes Act. Respondent No. 1, therefore, approached the machinery available to him under the Industrial Disputes Act for redressal of his grievance. A reference was made on 2.1.1995 for adjudication of his dispute for reinstatement with continuity of service and backwages.

(3.) THE present writ petition has been admitted and the award has been stayed only as regards backwages. Obviously therefore the petitioner has reinstated the workman only after the order was passed on 21.9.1998 admitting the petition.