DATTATRAYA MAHADEV DESHMUKH Vs. MAHRASHTRA STATE ROAD

JUDGEMENT

(1.) RULE, returnable forthwith. Respondent waives service. By consent taken up for hearing and final disposal.

(2.) IN a matter which arose out of a reference under section 10 of the industrial Disputes Act, 1947, the Labour Court held by a Part-I Award dated 22/09/1998 that the disciplinary enquiry which was conducted by the employer was fair and proper. The Labour Court held that the findings which had been arrived at in the disciplinary proceedings were not perverse. Thereafter, by a Part-II Award dated 14th February, 2002, the Labour Court set aside the order of dismissal passed against the workman on the ground that the penalty was disproportionate. Since in the meantime the workman had attained the age of superannuation on 3/04/1999, the Labour Court directed the employer to pay 50% of the backwages to the workman from 1 9/09/1980 until 3/04/1999.

(3.) BOTH the employer as well as the workman have filed petitions under articles 226 and 227 of the Constitution. For convenience of reference and since there are two petitions, it would be appropriate to refer to the parties as the employers and the workman. The workman has impugned in his petition the Part-I Award dated 22/09/1998 and the final Award dated 14th february, 2002 in so far as it denies 50% of the backwages to him. The employer has challenged the final Award dated 14th February, 2002 in so far as the Labour Court set aside the punishment of dismissal and directed the employer to pay 50% of the backwages.