M/S. OCEAN CREATIONS Vs. MANOHAR GANGARAM KAMBLE

JUDGEMENT

(1.) Rule was issued in this petition on 06.08.2007 with directions to deposit 50% of the back wages with effect from 01.11.1998. This direction is reported to have been complied with.

(2.) The challenge in this petition is directed against the judgment and award dated 05.10.2006 passed by the 4th Labour Court, Mumbai (hereafter referred to as 'impugned award') directing the Petitioner (employer) to reinstate the Respondent No. 1 (workman) with continuity of service along with payment of 75% of the back wages.

(3.) It is the case of the Petitioner that the Respondent No. 1 abandoned services with effect from 01.03.1999. On the other hand it is the case of the Respondent No. 1 that his services were terminated by the Petitioner with effect from 01.11.1998 without issuance of any show cause notice, conduct of any enquiry and in breach of the provisions contained in Section 25-F of the Industrial Disputes Act, 1947 ('said Act'). The controversy in this petition therefore almost entirely raises an issue of fact as to whether the services of the Respondent No. 1 were terminated by the Petitioner with effect from 01.11.1998 or whether the Respondent No. 1 abandoned his service with effect from 01.03.1999.