JAGANNATH Vs. WOKHARDT LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, matter is heard finally.

(2.) This Petition is preferred by an employee who had challenged his dismissal from service w.e.f November 24, 1993, after holding Departmental Enquiry in respect of the charges held to be proved against him, by filing Complaint (ULP) No. 90/2001 invoking the jurisdiction of the Labour Court under Section 28 read with Items 1(a)(b)(d)(f) and (g) of Schedule IV of Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 (MRTU and PULP Act for short), for declaration of unfair labour practice on the part of the employer and for granting relief of reinstatement in service with continuity in service and back-wages. The Labour Court by its judgment and order dated April 15, 2005. allowed the Complaint and set aside the order of dismissal dated November 24, 1993 and granted declaration that the employer shall cease and desist from engaging in unfair labour practice. In lieu of reinstatement and continuity in service, the Labour Court directed payment of lump sum compensation amount of Rs. 2,05,000 to the complainant.

(3.) Aggrieved by the aforesaid judgment and order, the employee preferred Revision (ULP) No. 64/ 2005. The Industrial Court maintained the findings recorded by the Labour Court and dismissed the Revision Petition by its judgment and order dated January 17, 2008. Hence, the present Petition is preferred by an employee challenging the judgment and order passed by both the Courts as below.