BOMBAY LEPROSY PROJECT Vs. VISHNU B CHAVAN

JUDGEMENT

(1.) THE petitioner has challenged the Award of the Labour Court whereby the Labour Court has awarded reinstatement with 60% back-wages to the respondent-workman with effect from 7-4-1987. The Labour Court has also directed that an amount of Rs. 350/- per month should be deducted from the back-wages payable to the workman as he had received this amount during the period he was not in service.

(2.) THE petitioner is a registered Charitable organisation sponsored by German Leprosy Relief Association. It had engaged respondent No. 1 as a driver from 9-5-1984. It is the petitioners case that due to financial difficulties and fall in the quantum of work, it decided to retrench one of the drivers from amongst the three that it had employed. The respondent-workman being the junior-most driver, was retrenched w. e. f. 1-4-1987. The letter of termination shows that an amount of Rs. 4,320,40 was offered by way of legal dues on account of retrenchment.

(3.) BEING aggrieved by the termination of service, the respondent-workman raised an industrial dispute, which was referred for adjudication before the Labour Court. In the statement of claim, the respondent-workman pleaded that the petitioner had wrongfully and illegally terminated his services. It is also pleaded that after terminating his services, three or four new drivers were recruited by the petitioner and that his services have been terminated due to his refusal to resign from the trade union of which he was a member. Further, it was contended that section 25-H of the Industrial Disputes Act had been violated.