DYNESTY WALFORD LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri P.C. Deka, learned counsel for the petitioner, Dynesty Walford Ltd, and Shri Banerjee learned counsel for the State of Assam. None has appeared for the respondent No. 3.

(2.) This application under Article 226 of the Constitution of India is directed against an award dated 16.5.96 passed by the Presiding Officer, Labour Court, Guwahati in Reference Case No. 16 of 1993.

(3.) The respondent No. 3 was appointed as Sales Executive by the petitioner company on 20.5.85 and he continued to work in the company as Sales Executive looking after the Sales Promotion. On 20.7.91 a show cause notice was issued to the respondent No. 3 and after holding an enquiry the respondent No. 3 was dismissed by order dated 31.8.91 and thereafter on application filed by the dismissed employee the Govt. of Assam referred the dispute to the Labour Court and the Presiding Officer, Labour Court, Guwahati by the impugned order held that the Management was not justified in dismissing the employee from his service. The Presiding Officer did not pass any order for reinstatement and considering the fact that the employee was re-employed elsewhere, the Presiding Officer passed the order that the difference between the pay which the employee was getting earlier and the pay which he was getting at present shall be paid. Hence the present application.