KIRLOSKAR COPELAND LTD Vs. CHHABURAO ANANDRAO SAWASHE

JUDGEMENT

(1.) The petitioners have impugned the order dated 24th April, 1996, passed by the Labour Court, Satara in Complaint (ULP) No.17 of 1988 and the order dated 11th August, 1998, passed by the Industrial Court, Kolhapur in Revision Application (ULP) No. 224 of 1996. The complaint filed by the respondent No.1 has been allowed to the extent that the order of dismissal has been found to be a grossly disproportionate punishment.

(2.) The Labour Court has directed that the complainant should be treated as "retrenched" with effect from 5th January, 1980 and retrenchment compensation should be paid to him on that basis along with the notice pay of one month. The Revision Application filed by the respondent No.1 was allowed. The order of the Labour Court was set aside and the matter was remanded for a fresh hearing.

(3.) The Industrial Court further directed that only if the Labour Court held that the complaint which had been filed is not barred by limitation, should the Labour Court embark on an enquiry regarding the merits of the matter. The Industrial Court further directed that if the delay, if any, was not condoned, the complaint should be dismissed. On remand, the Labour Court by its impugned order dated 24th April, 1996 held that the petitioners had committed an unfair labour practice under Item 1(a) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, (for short "the Act"). The petitioners were directed to re-employ the respondent No.1 as a fresh "Welder" or on any other suitable equivalent post. Being aggrieved by this order of the Labour Court dated 24th April, 1996, the petitioners preferred a Revision Application being Revision Application (ULP) No.224 of 1996. That Revision Application was dismissed on 11th August, 1998.