VIJENDRASINGH LADUSINGH SHEKHAWAT Vs. LODI INDUSTRIES LTD

JUDGEMENT

(1.) THE petitioner joined the respondents on 15th April, 1992 as an accountant and was confirmed on 7th August, 1992. The services of the petitioner were terminated on 11th September, 1995. The petitioner challenged the order of termination in a complaint under the maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act, 1971 on the ground inter alia that the retrenchment compensation had not been correctly computed and that therefore the order of retrenchment was void. In the circumstances, it was alleged that the employer was guilty of an unfair labour practice under Items 1 (b), 1 (d) and 1 (f) of Schedule iv to the Act. The respondent employer denied in the written statement that the retrenchment compensation was not correctly computed.

(2.) ON 11th January, 1996 the petitioner made an application for production of documents. According to the petitioner, the employer did not produce those documents, but by a reply dated 15th April, 1996 gave the break up of the retrenchment compensation. On 8th July, 1996, the petitioner filed a statement before the Industrial Court indicating how on the basis of the break up furnished by the employer the retrenchment compensation was not correctly computed since the House Rent Allowance had not been included while making the computation. On 26th July, 1996, the employer admitted that the retrenchment compensation had been not correctly computed and that an amount of Rs. 259. 00 had been paid less.

(3.) THE labour Court by its judgment and order dated 2nd September, 1996 granted reinstatement with full backwages and continuity of service. In a revision filed by the employer the Industrial Court, however, modified this order by directing the employer to pay an amount of Rs. 259. 00 which had fallen short together with litigation expenses of Rs. 10,000. 00. The order for reinstatement with backwages and continuity of service was set aside.