UNION OF INDIA Vs. HEMANT SHAMRAO SANKPAL

JUDGEMENT

(1.) Admit. Learned Counsel appearing for the respondents waive notice of admission. With the consent of the learned Counsel appearing for the parties, both the appeals are taken up for hearing forthwith.

(2.) Since the issue involved in both these appeals is common, these matters are heard finally at the admissions stage itself. By the impugned orders, the learned Single Judge passed an order under section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act") directing the appellants to pay to the respondents last drawn wages, in whose favour the Labour Court passed an order of reinstatement. The workmen raised an industrial dispute challenging their termination. The Labour Court, Kolhapur allowed both the references by its Award dated 6th March, 2009 directing the appellants to reinstate the respondents on their original posts with continuity of service and to pay back wages to them. The said award of the Labour Court in each of the references has been challenged by the appellants by way of writ petitions being Writ Petition Nos. 9600 and 9601 of 2009. Both the petitions have been admitted by the learned Single Judge and granted interim stay, staying the order of reinstatement passed by the Labour Court. While admitting the matter, this Court found that since the respondents admittedly worked only in the leave vacancy, the question whether the provisions of section 2(oo)(bb) of the ID Act is applicable to such case or not is an important issue which requires consideration. Both these matters arc now pending for final hearing before the learned Single Judge.

(3.) Subsequently, the concerned workmen preferred civil applications under section 17-B of the ID Act. The learned single Judge, by the impugned order passed an order directing the appellants to comply with section 17-B of the ID Act. The said interim order of the learned single Judge is challenged in these appeals.