STATESMAN LIMITED Vs. SECOND INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This appeal is directed against an order dated 10lh March, 2003 passed by this Hon'ble First Court whereby His Lordship was pleased to dismiss the writ petition challenging an award by the learned Tribunal.

(2.) Facts of the case briefly are as follows: On 8lh March, 1984 a printing machine was stopped while printing the dak edition of the 'Statesman' at about 4.20 p.m. Respondent No.3 herein, an electrician, on being asked to rectify the fault, refused to do so since he was to get off the work at 5.00 p.m. A chargesheet was drawn on such misconduct against the respondent No. 3 on 10th March, 1984, service whereof stated to be avoided by the respondent No.3. Thereafter, on 11th February, 1985, he was dismissed from service of the company. An industrial dispute was raised by him and subsequent thereto, the matter was referred before the Second Industrial Tribunal by the respondent No.3 (the workman) under section 10(2A) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act).

(3.) On 8th April, 1993 the said learned Tribunal in exercise of its power under section HA of the said Act, directed the company to reinstate the workman with 75% back wages w.e.f. the date of dismissal i.e. from 11th February, 1985.