M/S. SHAH KANTILAL TOKARSHI & CO. AND MR. DHIRAJLAL TOKARSHI Vs. PURAGAMI MATHADI TRANSPORT, KHOKHA & GENERAL KAMGAR UNION

JUDGEMENT

(1.) THIS is a revision application filed by the Applicant company under section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, against the order dated 1st November 1994 passed by the 9th Labour Court, Bombay, in complaint (ULP) No. 143 of 1989. It is submitted that the workman was employed as a helper for a period of 3 months during the exigency of work. He proceeded on leave with prior written permission from 18th March 1989 to 17th April 1989 for one month. When he attended on 18th April 1989 he was not allowed to work though he reported on his duty and he worked till 11.00 a.m. to 9 a.m. Respondent's letter dated 16th May 1989, being reply to the letter of the workman dated 12th May 1989, was absolutely false and the termination of service of Shri Harishchandra is by way of victimization as he was taking active part in union activities and he is suspected to be main person joining union by the other members. The said act of the company and termination was challenged before the Labour Court and the Labour Court has partly allowed the Complaint and declared that the Respondent has committed unfair labour practice under item Nos. 1(a)(6), (d) and (f) of Schedule IV of a MRTU & PULP Act by terminating the services of the employee Shri Harishchandra with effect from 18th April 1989. The Labour Court has also granted 50% back wages and continuity from 18th April 1989.

(2.) BEING aggrieved by the said order, the company has preferred Revision before this Court on the following grounds:

(3.) IT is submitted that the workman's salary was Rs. 850, and compared to his salary he was receiving near about Rs. 1,500 during the course of his non employment.