THE GURDASPUR CENTRAL COOPERATIVE BANK LTD. Vs. THE PRESIDING OFFICER LABOUR COURT, GURDASPUR AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the following facts :-

(2.) The respondents-workmen were employed as Clerks/Peons with the appellant Bank when their services were terminated in August, 1979. This action was challenged by the workmen in the labour Court, which, in its award dated 6.11.1985, pertaining to 17 workmen, set-aside the termination of the services of the workmen and ordered that they be reinstated in service with continuity thereof and full back wages for the period of their unemployment. The bank thereafter challenged the award of the Labour Court by way of a Civil Writ Petition before this Court. The learned Single Judge in his judgment dated 12.10.1990 rendered in Civil Writ Petition No. 1196 of 1986, maintained the award of the Labour Court, reiterating that the action of the appellant in terminating the services of the workmen was an unfair labour practice and as such, could not be justified. The argument of the learned counsel for the appellant that the plea of unfair labour practice had never been raised by the respondents was rejected by observing that this plea had been specifically raised in the replication filed by the workmen before the Labour Court. The present Letters Patent Appeal was thereafter filed by the employer Bank. This matter came up before a Division Bench on 15.1.1998 and the Bench maintained the judgment of the learned Single Judge with regard to the wrongful termination of the services of the respondents but on the question of back wages observed as under :-

(3.) Aggrieved by this direction of the Division Bench, the workmen filed a Special Leave Petition in the Hon'ble Supreme Court, which was allowed on 21.2.2005 with the direction that the High Court should re-hear the matter and dispose it of afresh in accordance with law. It is in this situation that this appeal has come up before us yet again.