NAVIN J SURTI Vs. MODI RUBBER LIMITED

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE grievance of the petitioner relates to the refusal by the Labour court and the Industrial Court below to order payment of entire back wages inspite of the fact that the termination of service of the petitioner was found to be illegal and he was directed to be reinstated with continuity in service.

(3.) FEW facts relevant for the decision are that the petitioner was employed with the respondent No. 1. His services were terminated by an order dated 16/09/1993, consequent to which, the petitioner filed complaint under Item Nos. l (b) and (f) of Schedule IV of the Maharashtra recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter called as "the said Act", and the Labour Court by an order dated 29/11/1999, while holding the termination of service to be illegal, directed the petitioner to be reinstated with continuity in service and further payment of 50% of the back wages. Aggrieved by the said order of the Labour Court, the petitioner filed Revision Application No. 3 of 2000 in relation to the refusal of 50% of back wages while the respondent No. 1 filed revision Application No. 1 of 2000 against the order directing reinstatement as well as payment of 50% of back wages. Both the revision applications came to be dismissed by an order dated 2/05/2000 by the industrial Court confirming the decision of the Labour Court. The petitioner being aggrieved by the confirmation of direction for payment of 50% of the back wages has preferred the present petition.