AMBIKAPRASAD MATASHARAM SHARMA Vs. GURU NANAK AUTOMOBILES

JUDGEMENT

(1.) Heard the learned counsel for the petitioner who had approached the Labour Court at Mumbai in Complaint (ULP) No.587 of 1997 alleging that he was illegally terminated from service by the respondents and thus committed an act of unfair labour practice under Item 1 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971. The complaint was opposed by the respondents. By considering the evidence adduced by both the parties and the rival submissions, the learned Judge of the Labour Court allowed the complaint and held that the termination of service of the complainant by the respondents was an act of unfair labour practice. However, instead of granting reinstatement, the Labour Court granted compensation of Rs.1,50,000/- to be paid by the respondents as per its Judgment and Order dated 16/11/2005.

(2.) Both the parties were aggrieved by this order and, therefore, Revision Application (ULP) No.7 of 2006 came to be filed by the present respondents, whereas Revision Application (ULP) No.68 of 2006 came to be filed by the petitioner. By a common Judgment and Order dated 16/3/2007 the learned President of the Industrial Court was pleased to dismiss both the revision applications. A limited grievance has been raised in this petition by the original complainant regarding denial of full backwages.

(3.) The complainant was terminated from service with effect from 20/2/1985 by way of loss of confidence as he had started his own business which as per the respondents were by way of competition. He was employed from the year 1974 as Pump Attendant. In Complaint No.161 of 1985 filed before the Industrial Court he was directed to be reinstated as per the order dated 30/11/1994 with 50% backwages. The complainant had approached this court in Writ Petition No.1032 of 1995, whereas the employer had filed Writ Petition No.628 of 1995. Both the petitions were disposed off by granting liberty to the complainant to approach the Labour Court.