P B PHADKE Vs. ANYANESWAR PILAJI ERANKAR

JUDGEMENT

(1.) By filing this petition, the petitioner has challenged the award passed by the Presiding Officer, First Labour Court, Pune dated 24th October, 1996 in Reference (IDA) No. 54 of 1989. By the aforesaid award, the Labour Court has allowed the reference of the respondentworkman and the petitioner was directed to reinstate the respondent on his original post with continuity of service and full back wages.

(2.) Initially for six months the respondent was appointed as a Helper. Thereafter his services were discontinued. The respondent workman raised an industrial dispute on the ground that the services of the respondent have been terminated illegally with effect from 3rd August, 1989 and that he should be reinstated in service with full back wages. The said dispute was referred to the Presiding Officer, First labour Court, Pune, and the same was numbered as Reference (IDA) No. 54 of 1989. It is the case of the respondent that he was appointed as a Fabricator Wireman since 11th January, 1986 and that his services were orally terminated by the 1st management on January, 1988. The reference was resisted by the petitioner who was the first party before the Labour Court by filing written statement. According to the petitioner, the respondent was employed in his capacity as a Helper and that on his own accord he abandoned the employment with effect from 3rd August, 1988. Even though letters were sent by the management asking the respondent to join the duty, he did not respond to it. Before the Labour Court it was the case of the present petitioner that the respondent had no intention to resume duty with the petitioner and, therefore, the reference was required to be dismissed.

(3.) The Labour Court framed various issues at Exh. 22 . The Labour Court after considering the evidence on record came to the conclusion that the management has illegally terminated the services of the respondent and that he is entitled to full back wages for the intervening period. It is the aforesaid order which is impugned in this petition at the instance of the petitionermanagement.