J K SYNTHETICS LTD Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) THIS appeal has been preferred by the management of M/s. J. K. Synthetics Ltd. , against the judgment and order of the learned single judge dated 6. 7. 1993 whereby the award passed by the Labour Court. Kota upholding the order of dismissal of the respondent-workman was quashed and set aside and the appellant-management was directed to reinstate the respondent-workman in the service of the appellant-industry. In so far as grant of back wages is concerned, the learned single judge was pleased to grant liberty to the respondent-workman to avail the remedy for back wages by filing an application under Sec. 33c (2) of the Industrial Disputes Act, 1947 (shortly referred to as `the Act') and it was observed therein that if any application is filed by the workman claiming back wages, the respondent management (appellant herein) shall be free to plead and prove that the workman was gainfully employed and, therefore he is not entitled for back wages either in whole or in part.

(2.) LEARNED counsel for the appellant Mr. Maloo, while assailing the impugned order first of all informed this Court that the management of the factory of the appellant-company has been transferred and an agreement had been executed between the appellant-company and the union of workmen of this factory wherein the workmen had agreed not to press for wages from the management of the company and even the regular employees had agreed to forfeit their right to claim wages. On this information, this appeal apparently appears to have been rendered infructuous in our view, but the counsel for the appellant stated further that in case the observation of the learned single judge is not set aside, it is likely that the respondent workman may feel encouraged to claim wages under Sec. 33 C (2) of the Act by virtue of the liberty left by the learned single judge.