LAWS(BOM)-2002-10-75

PRABHAKAR ENGINEERS PRIVATE LIMITED Vs. RAMCHANDRA BABURAO MOHITE

Decided On October 18, 2002
PRABHAKAR ENGINEERS PVT LTD Appellant
V/S
RAMCHANDRA BABURAO MOHITE Respondents

JUDGEMENT

(1.) BY this petition, the petitioner employer is challenging Part I of the Award dated 29-6-1994 and Part II of the Award dated 23-2-1995 passed by the IInd Labour Court, Pune in the Reference (I. D. A.) No. 219 of 1987.

(2.) BY the aforesaid Part I Award, the II Labour Court has given a finding that the enquiry held by the petitioner employer qua the respondent workman was not fair, proper and legal. Subsequent thereto, by Part II of the Award, the learned Presiding Officer of the II Labour Court, Pune has partly allowed the reference and the dismissal order issued to the workman was set aside and the petitioner employer was directed to re-instate the respondent workman with continuity of service with 40% back wages from the date of termination till the date of reinstatement.

(3.) BEING aggrieved by both the Awards, mentioned herein above, viz. Part I Award as well as Part II Award, present petition has been filed by the petitioner employer contending that both the parts of the Award suffered from patent errors apparent on the face of the record and that both the parts of the Award are perverse and are not sustainable in law.