D G VENKATARAMU Vs. MANAGING DIRECTOR PANDAVAPURA SAHAKARA SAKKARE KARKHANE LTD
HIGH COURT OF KARNATAKA
MANAGING DIRECTOR, PANDAVAPURA SAHAKARA SAKKARE KARKHANE LTD.
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(1.)29 Petitioners and 9 others who ware all workers of the first respondent Pandavapura Sahakara Sakkare Kar-khane were retrenched by the first respondent without full compliance with all the terms of Section 25-F of the Indus-trial Disputes Act. 1947. On their approaching the Labour Court, that Court made an award on March 22, 19G5 setting aside the orders of retrenchment and directing the management of the Khar-khane to reinstate all of them in their former posts and pay them back wages from the date of retrenchment to the date of reinstatement.
(2.)The employer obeyed the award, reinstated them and paid their back wages. Further dispute was raised by the employee that the award had not been fully implemented, that reinstatement with back wages pursuant to the award amounted to saying that all the employees had throughout remained in the service of the employer as if there had never been any retrenchment, that therefore all consequence flowing from the said legal position should be made available to them. On that footing they claimed payment of bonus in respect of the period of enforced non-employment as well as what they called wages for earned leave.
(3.)The said matter was once again placed before the Labour Court by the present 29 petitioners by means of an application under Section 33-C(2) of the Industrial Disputes Act. The Labour Court upheld their first contention regarding bonus. In doing so, it stated the legal position to be that the employees in question should be deemed to have been in service throughout the period of enforced non-employment. The bonus so calculaled, we are told, has been paid to the petitioners.
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