ASKA CENTRAL MULTIPURPOSE Vs. WORKMEN REP

JUDGEMENT

(1.) The Petitioner-management, which is a cooperative society registered under the Orissa Cooperative Societies Act, has preferred the present writ application challenging the award dated 07.04.1992 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No. 10 of 1981 on the ground that the award is perverse and contrary to the provisions of law.

(2.) The Opp. Party No. 1 representing 43 workmen, raised the Industrial Dispute with regard to their retrenchment on the grounds that the principle of "Last Come First Go" has not been followed, no notice of retrenchment was given to the workmen and no retrenchment compensation was paid. After failure of conciliation, the Government of Orissa in exercise of its power under Section 12(5) read with Section 10(1)(d) of the Industrial Dispute Act, 1947 (hereinafter referred to as the 'Act') made a reference on 17.02.1981 to the Labour Court, Bhubaneswar to adjudicate the dispute. The terms of reference are as follows:

(3.) On the basis of the said reference, I.D. Case No. 10 of 1981 was registered. The workmen filed their statement of claim and the management filed its written statement denying the allegations made by the workmen. Each of the parties examined two witnesses in support of their respective cases and various documents were exhibited. By the impugned award dated 07.04.1992, the Learned Presiding Officer, Labour Court holding that the retrenchment of the 43 workmen made by the Secretary, Aska Central Multipurpose Co-operative Society Limited, Aska is neither legal nor justified, directed that the workmen, who are not gainfully reemployed, should be paid full back-wages at the rate at which they were drawing their wages at the time of retrenchment and looking to the vacancy, the unemployed workmen be reinstated in service.