ORIENTAL CONTAINERS LIMITED Vs. ENGINEERING WORKERS ASSOCIATION

JUDGEMENT

(1.) M/s. Oriental Containers Ltd. and Engineering Workers Association, aggrieved against the Award of 11th Labour Court at Bombay in Reference (IDA) No. 711 of 1981 dated June 30, 1994 have moved this Court through Writ Petition No. 2473 of 1994 and Writ Petition No. 1500 of 1995, respectively.

(2.) TO begin with, the factual matrix. M/s. Oriental Containers Ltd, (hereinafter "the management"), after domestic enquiry, dismissed 37 workmen by order of dismissal/discharge dated July 30/31, 1980. Engineering Workmen Association (hereinafter "the Association") raised a demand for reinstatement of the 37 workmen before the Assistant Commissioner of Labour. The Deputy Commissioner of Labour (Conciliation), Bombay, referred the dispute between the management and the 37 workmen employed under them, under section 10 (1) (c) read with section 12 (5) of the Industrial Disputes Act, 1947 (for short "the Act"), with the following schedule to the Labour Court:-

(3.) THE management has challenged the Award in so far as it relates to the workmen mentioned in Schedules A, B and C whereas the Association has challenged the Award in so far as it relates to the workmen mentioned in Schedule D who have been denied the relief of reinstatement in service and the consequential benefits. Writ Petition No. 2473 of 1994 filed by the management came up for motion hearing before the learned Single Judge as per the Original Side Rules of this High Court applicable then, on December 19, 1994 and the following order was passed : "rule. Ad-interim relief in terms of Prayer (b) till 30/1/95 subject to the legal rights of the parties concerned. Liberty to apply for extension of ad-interim relief. On January 30, 1995, the writ petition was adjourned to February 1, 1995 and on that day the following order was passed :