BHARAT TEXTILES MILLS Vs. DATT RAMALAXMAN GORE

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution the petitioner Company seeks to challenge the order of the Industrial Court dated August 21, 1989 passed under Section 84 of the bombay Industrial Relations Act, 1946 in Appeal (IC) No. 12 of 1985. By the said order, respondent No. 1 is ordered to be reinstated with continuity of service and payment of 40% of the back wages from the date of termination of service till reinstatement.

(2.) THE facts giving rise to this writ petition are as follows:-

(3.) MR. Saiyyed, the learned Counsel appearing on behalf of the petitioner, submitted that the said workman had taken part in an illegal strike and, therefore, the Labour Court was right in refusing to interfere with the order of termination passed by the petitioner. He further submitted that there was no reason to interfere with the said finding of fact recorded by the Labour Court. Mr. Saiyyed further submitted that no basis whatsoever has been given by the Industrial Court for granting 40% back wages from the date of dismissal till reinstatement. Accordingly, it was submitted that the order of the Industrial Court was liable to be set aside.