LAWS(BOM)-2009-8-109

BHANGAR BROS Vs. ENGINEERING WORKERS UNION

Decided On August 11, 2009
BHANGAR BROS Appellant
V/S
ENGINEERING WORKERS UNION Respondents

JUDGEMENT

(1.) HEARD the learned Senior Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of respondent No. 1.

(2.) BY this Petition which is filed under articles 226 and 227 of the Constitution of india, petitioner is challenging Part-II award passed by the Labour Court whereby Labour court was pleased to hold that the punishment awarded by Enquiry Officer was not just, fair and proper and the punishment of dismissal of workman given by the petitioner herein was disproportionate to the misconduct which was alleged against the workmen and, secondly, the order of termination was quashed and set aside. The said punishment was modified with the punishment of reprimand with loss of wages till their termination and, thirdly, the petitioner herein was directed to reinstate the workmen with continuity of service and full backwages till 22/7/1985.

(3.) BRIEF facts are as under:-