IFB INDUSTRIES LTD Vs. FLORY ALBERT FERNANDEZ

JUDGEMENT

(1.) Petitioner-Employer has filed this Petition challenging the Award dtd. 30/9/2008 passed by II Labour Court, Kolhapur in Reference (IDA) No.24 of 2003. By the Impugned Award, the Labour Court has directed reinstatement of Respondent with continuity of service and full Back Wages.

(2.) Petitioner is a manufacturer of home appliances and was operating an outlet at Kolhapur for the sale and service of washing machines. According to Petitioner, Respondent No.1 was appointed as a 'Trainee' on part-time basis on monthly fixed remuneration of Rs.2,000.00 per month. It is Petitioner's case that it surrendered the premises where the outlet was being operated to the owner on 1/1/2002 and that it signed a franchisee Agreement with one Shri. Amar Limkar, for providing services to the customers on a call basis. That the franchise owner started his work from 1/5/2002. That the Petitioner had continued its three staff members Shri. Rajendra Mali, Shri. Vaibhav and Respondent No.1 for introducing the customers to the franchise Owner. That Shri. Rajendra Mali and Shri. Vaibhav were offered employment by the Petitioner at Pune, but they refused to join. The franchise owner offered employment to the duo, who refused to join. So far as Respondent No.1 is concerned, she stopped attending duties on her own from 2/5/2002, after noticing that Petitioner stopped the business activities at Kolhapur.

(3.) Respondent No.1 raised an Industrial Dispute which was referred to the Labour Court at Kolhapur and registered as Reference (IDA) No.24 of 2003. Respondent No.1 filed her Statement of Claim stating that she was terminated by Petitioner on 2/5/2003. The claim was resisted by Petitioner by filing Written Statement. Both the parties led evidence in support of their respective claims. The Labour Court delivered Award, dtd. 30/9/2008 answering the Reference in the affirmative and directing Petitioner to reinstate Respondent No.1 with continuity of service and full Back Wages. Petitioner is aggrieved by the Award, dtd. 30/9/2008 and has filed the present Petition. When the Petition came up before on 12/7/2010, this Court admitted the same and stayed the Award dtd. 30/9/2008 subject to the condition of deposit of Back Wages awarded by the Labour Court. This Court granted liberty to the Respondent No.1 to withdraw 50% of the deposited amount without furnishing any security and the rest of the 50% amount was permitted to be withdrawn after furnishing security to the satisfaction of the Registrar General of this Court. In the event of non-withdrawal of the amount, the same was directed to be invested in the fixed deposit in Nationalized Bank.