UMAKANT PATTNAYAK Vs. MANAGEMENT GAIETY CINEMA

JUDGEMENT

(1.) THE petitioners in this writ petition seek quashing of the award dated 25. 8. 1999 (Annexure-8) made by the Presiding Officer, Labour Court, Sambalpur in I. D. Case No. 60 of 1996 dismissing the reference.

(2.) THE case of the petitioners is that they are all workmen working as such in M/s. Gaiety Talkies, Sambalpur for more than 15 years. The Management temporarily closed the Cinema Hall from 13. 12. 1994 on the ground that the same would be repaired/ renovated. Although the Hail was closed, the petitioners were attending to their duties. On the demand made by some of the workers, the Management paid to them their full wages till February, 1995, The Cinema Hall was reopened on 12. 12. 1996 and the petitioners continued in their respective duties. But for the reasons known to the Management, it refused to pay the back-wages for the period the Hall was closed. Dispute was accordingly raised on behalf of the petitioners and the State Government referred the following dispute for adjudication by the Labour Court :

(3.) THE Labour Court in the impugned award has held that the document of title and record-of-rights in respect of Gaiety Talkies stood in the name of K. C. Joseph and on 13. 2. 1995 Gaiety Talkies stood mutated in the name of K. C. Paul, who continues to be the owner of the Cinema Hall from that date. It further held that K. C. Paul had not terminated the services of the petitioners with effect from 1. 3. 1995. Regarding payment of the dues for the period the Cinema Hall was closed, the Labour Court declined to answer the claim as such dispute was not referred to it for adjudication.