AIR AUTO ENGINEERING COMPANY Vs. JAMES ANTONY

JUDGEMENT

(1.) :-

(2.) THE petitioner, Air Auto Engineering Company, has challenged the Award of the 7th Labour Court, Bombay dated October 12, 1992 in Reference (IDA) No.817 of 1985 in this petition under Article 226 of the Constitution of India.

(3.) THE Labour Court issued the notices to the parties, First Respondent filed his statement of claim. THE petitioner filed written statement controverting the pleas taken therein. THE Labour Court framed the following issues from the pleadings of the parties. " 1. Does the workmen prove that the Company terminated his services with mala fide intention for his Union activities ? 2. Does the company prove that the workman was legally retrenched from the employment ? 3. Whether the workman is to be reinstated with continuity of service and full back wages w.e.f. 1-11-1984 ? 4. What award ? " THE Labour Court did not give any specific finding under issue No.1. However, made observations that if the Petitioner had paid bonus to its employees the question of retrenchment did not arise. Under issue No.2 it held that the first respondent was not legally retrenched. Under issue No.3 it held that the petitioner is entitled to reinstatement in service with full back wages with effect from November 1, 1984.