MANEK BROTHERS Vs. SHANKAR D VIBHUTE

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioners. Non present for the respondent, though served.

(2.) THE petitioners are challenging the award dated 21/04/1998, passed by the labour Court at Mumbai in Reference No. 372 of 1988 directing the petitioners to reinstate the workman with full back wages and continuity in service. The challenge is restricted to the issue of direction to pay the full back wages.

(3.) IT is the contention of the petitioners that inspite of clear evidence produced by the petitioners in relation to the fact that the workman was gainfully employed with the other establishments during the period of enquiry and proceedings before the Court and from the time of termination of his services, the labour Court has refused to take note of such evidence in breach of the procedure and without any justifiable reason and, therefore, the impugned Award, as far as it directs the payment of back wages, needs to be set aside.