SINNAR BIDI UDYOG LIMITED Vs. KERU MURLIDHAR VARHADE

JUDGEMENT

(1.) The petitioner company manufactures beedies and employed about 65 workmen. Respondent Nos. 1 and 2 were employed by them as Bidi Rollers in the year 1973. Their wages were fixed at Rs. 5/- per thousand bidies. According to Respondent Nos. 1 and 2 (hereinafter referred to as "the workmen") they were the active members of a union called 'Sangamner, Akola, Sinnar Taluka Bidi Kamagar Samiti', and that the company started deducting 10 Ps. per week from the meagre wages of the employees of the company under the pretext that the management was collecting the said amount towards the labour welfare fund and Re. 1/- per week in the name of building fund as also Rs. 5/-per month towards smafi savings and another sum of Rs. 5/- per month towards the group insurance scheme. There were no receipts passed by the Company for the recovery of these amounts and on account of that there was discontent among the employees of the company and hence the present two workmen as leaders of the union agitated. It was contended by the workmen that the company came to know about the union activities of both of them and decided to break the union and started harassing the union members. With this intention, the Company declared a lock-out from 20th December, 1976. After the Deputy Commissioner of Labour, Bombay, intervened, the company lifted the lock-out on 16th May, 1977 but refused to pay back wages of the present two workmen and also did not take them back on work. They visited the company from 16th May, 1977 to 29th May, 1977 every day with a request to allow them to resume work but the Branch Manager of the company bluntly told them that the company did not wish to continue them in services any longer. The workmen, therefore, raised a demand and took up the matter with the Government Labour Officer. However, the company did not appear before the said Government Labour Office. The workmen then served the company with a demand on 3rd October, 1977 and took the matter in conciliation. It was the contention of the workmen that their services were terminated by way of victimisation because they were the trade union leaders. The conciliation proceedings failed and accordingly a failure report was submitted. Thereafter, the Deputy Commissioner of Labour (Administration) Bombay, referred the disputes of respondent Nos. 1 and 2 to the Labour Court at Nashik, presided over by the third respondent Labour Judge, for reinstatement of respondent Nos. 1 and 2 with continuity of service and back wages. The references were registered as reference (IDA) Nos. 22 of 1978 and 23 of 1978.

(2.) The case of the petitioner before the Labour Court was that the present workmen were in their employment from the year 1973 and that their wages were fixed at Rs. 5/- per thousand bidies. The company further admitted that respondent Nos. 1 and 2 were the active workers of the union called 'Sangamner, Akola, Sinnar Taluka Bidi Kamgar Samiti'. However, the company denied all the allegations made against them as stated above and contended that the concerned workmen had not reported for joining duty on 16th May, 1977 or at any time thereafter and that except these two workmen all had resumed duties and further that the present workmen were not interested in resuming because they were employed elsewhere. In other words, the contention of the company before the Labour Court was that respondent Nos.l and 2 had abandoned the services and as such they were not entitled to reinstatement and back wages and the question of continuing their services did not arise.

(3.) Before the Labour Court both the workmen examined themselves in their respective references. The company adduced the evidence of two witnesses viz. Hari Pachere and Hari Davare. By the consent of the parties the evidence recorded in both the references was considered together and a common award was passed by the third respondent-Labour Judge on 10th September, 1982. The award passed by him was to the effect that both the workmen were entitled to reinstatement with continuity of services and fifty per cent of the back wages effective from loth May, 1977 till their reinstatement.