NRK HOUSE Vs. P V TOMMY

JUDGEMENT

(1.) By this petition, the petitioner-employer has challenged the award dated 30.7.2005 passed by the 1st Labour Court, Mumbai, in Reference (IDA) No.288 of 2003 directing that the respondent no.1 be reinstated with full back wages for 20 days in each month with effect from 20.12.2001 till the date of reinstatement and with continuity of service.

(2.) From 20.12.2001 the respondent no.1 has not worked with the petitioner. According to the petitioner, the respondent no.1 left on his own after some dispute about the number of pieces he should produce. According to the respondent no.1, his services have been terminated without an inquiry and without notice and he has not been allowed to work from that date.

(3.) The respondent no.1 invoked the provisions of the Industrial Disputes Act, 1947, hereinafter referred to as the "Act". Accordingly, conciliation was held and the Conciliation Officer has made a failure report dated 25.11.2002. Since the conciliation failed, the matter was referred to the Labour Court for adjudication. In the reference, the Labour Court framed the following issues:-