MAZGAON DOCK LIMITED Vs. BHASKAR DAMU KHARE

JUDGEMENT

(1.) THE petitioner is a public limited company and is also a Government owned Undertaking under the Defence Ministry of Government of India. Its factory and offices are at Dockyard Road, Mumbai 400 010.

(2.) THE petitioner has impugned in the present petition an Award of 6th Labour Court, Mumbai in Reference No. 410 of 1986 referred to it for adjudication of the Industrial Dispute raised by the respondent workman Shri Bhaskar Damu Khare to challenge the propriety and legality of his dismissal order dated 27-9-1984 from employment. By the impugned Award the learned Judge of the Labour Court has directed the petitioner to pay a sum of Rs. 80,000/- towards compensation in lieu of reinstatement. The respondent workman has also filed the Counter petition to claim reinstatement with full back wages with continuity of service and has also challenged the Award of the Labour Court refusing him to grant reinstatement with full back wages and in continuity of service. In short both the parties have challenged the impugned Award of the Labour Court dated 17-7-1996.

(3.) TO appreciate the submissions of both the learned Counsel the following few facts are required to be stated.