SINGRAJ SEWASWAMI Vs. KAMALA MILLS LTD

JUDGEMENT

(1.) BY this Writ Petition under Article 226 of the Constitution of India, the Petitioner impugns the order of the Industrial Court, Bombay dated July 30, 1996 made in Revision Application (IC) No. 8 of 1995 in purported exercise of its revisional jurisdiction.

(2.) BRIEFLY stated, the facts leading to the present Writ Petition are as follows: The first Respondent is a registered Company which carries on the business of manufacture and sale of cotton textile and silk textile goods at its factory in Bombay. The Petitioner joined the services of the first Respondent as a helper sometime in the year 19s4 and was employed in the Art Silk Weaving Department on Ticket No. 151. Sometimes in the year 1975, the Petitioner's services were terminated on the allegation that he had abandoned his service. The Petitioner challenged this order by this Application (LCB) No. 211 of 1976 under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter called "the Act" ). The said application was allowed by the Labour Court at Bombay by an order made on March 11, 1982. The Labour Court held that the purported termination of the service of the Petitioner on the ground of abandonment of service was illegal and directed his reinstatement in service with continuity but without back wages. From February 22, 1983, the Petitioner was reinstated in service in the Art Silk V/eaving Department.

(3.) ACCORDING to the Petitioner, the first Respondent employer was displeased with the order of reinstatement of the Petitioner and was looking out for an opportunity to victimise him. It is not in dispute that upto February 22, 1983 the Petitioner's attendance had been marked in the muster of Art Silk Weaving Department against the post of a helper. From February 23, 1983 the Petitioner was not given work in the Art Silk Weaving Department on the ground that the said department had been closed. While rest of the Operatives in the said Department were given their terminal benefits by way of retrenchment compensation, the Petitioner was directed to report to the Cotton Textile Department where he was assigned work as a "began" as there was no equivalent post of helper available. It should be mentioned here that the last drawn wages of the Petitioner were Rs. 19. 00/ -.