BHAVANI METAL WORKS Vs. PANDURANG R SAWANT

JUDGEMENT

(1.) THIS petition is directed against the award dated 16th June 1987 made in Reference (IDA) No. 1097 of 1981 by the Presiding Officer, Second Labour Court, Bombay, (Respondent No. 4 herein ). The facts and circumstances leading to the filing of this Petition are as under:

(2.) (A) The Petitioner is a registered partnership firm carrying on business of manufacture of pressure die-cast components in its factory situate at Sewri, Bombay. The Respondent Nos. 1 to 3 are the workmen who were employed by the Petitioners to work in their factory. On 20th february 1981, the Respondent Nos. 1 to 3 were served with individual charge sheets alleging that the Respondent Nos. 1 to 3 had assaulted one Sadhu Saran Sadhwani, another workman, while he was going back from the factory on 12th February 1981 after finishing his work. The petitioner-employer alleged that the Respondent Nos. 1 to 3 workmen were guilty of misconduct under model Standing Order 24 (k) and (1) which read as under:-

(3.) ON 21st September 1987, this petition was admitted by Variava, J. Interim relief sought on behalf of the Petitioner-employer was, however, declined by this Court, in view of the findings recorded in the award in favour of the Respondent Nos. l to 3. It appears that that the Petitioners carried the matter in appeal before the Hon'ble Division Bench. The Hon'ble Division Bench granted stay of payment of back wages on the conditions that the Petitioner - employer would furnish the requisite bank guarantee in favour of the Prothonotary and Senior Master of this court, i. e. in the sum of Rs. 75,000/ -. This said bank guarantee has been renewed from time to time. I am so informed by the learned Counsel for the petitioners. In view of there being no stay order in respect of direction of reinstatement, the Respondent Nos. l to 3 have already been reinstated subject to the result of the petition.