RAVINDRA UMESH GOKARN Vs. GUEST KEEN WILLIAMS LIMITED

JUDGEMENT

(1.) THESE two writ petitions, under Article 226 of the Constitution of India, impugn Part I Award dated 30-4-1985 and Part II Award dated 30-4-1986 made in Reference (IDA) Nos. 108 and 111 of 1978 (writ petition No. 6005 of 1986) and Part I Award dated 30-7-1984 and Part II Award dated 30-4-1986 made in Reference (IDA) Nos. 109 and 110 of 1978 (writ petition No. 2067 of 1987 ). Since the facts and circumstances giving rise to the present writ petition are common, and the contentions are identical, it would be convenient to dispose of both these writ petitions by a common judgment.

(2.) THE petitioners in both the writ petitions were employed as workmen in the Industrial Establishment of the First Respondent in both writ petitions. Writ petition No. 6005 of 1986 pertains to two workmen, R. U. Gokarn and N. B. Dhamdhere, while Writ Petition No. 2067 of 1987 pertains to other two workmen, V. R. Thakurdesai and A. K. Maini.

(3.) THE two Awards impugned by the Petitioners in the writ petition direct reinstalement of the petitioners with back wages at the rate of 60 per cent in the case of the three workmen other than Dhamdhere who has been granted back wages at the rate of 45 per cent. Though the impugned Awards are but instances of excercise of judical discretion in moulding the relief to be granted under section 11 A of the industrial Disputes; Act, persistence and ingenuity of counsel have raised a storm in the tea cup - literally and figuratively! But, first, the facts.