ADIL PATEL Vs. TATA IRON

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to challenge the Judgment and Order dtd. 28/3/2008 passed by the Industrial Court, Mumbai in Complaint (ULP) No.246 of 2003.

(2.) The material facts are as follows. The petitioner joined the service of respondent No.1 company on 16/7/1979 as an Accountant Assistant. The services of the petitioner came to be illegally terminated by the respondents with effect from 10/3/1986. This led to multiple rounds of litigation before the Labour Court, the Industrial Court and this Court.

(3.) Pursuant to the Judgment and Order dtd. 15/2/1994 passed by this Court in Writ Petition No.4854 of 1991 filed by the petitioner challenging the order of the Labour Court, the petitioner was reinstated to his original post with effect from 23/6/1994 by office order dtd. 28/6/1994. The petitioner received an amount of Rs.2,20,706.00 as 50 percent back wages for the relevant period. As per service conditions, the petitioner received cash benefits of food coupons, leave salary and reimbursement of medical expenses at par with other employees for the period of forced unemployment. However, the petitioner was not placed in proper seniority in spite of the direction granting continuity of service. The petitioner also did not receive shares and debentures issued on preferential basis from the employees' quota, though other eligible employees received the same.