CHANDRAKANT G KHAGRAM Vs. MANAGERSAURASHTRA CHEMICALS LTD

JUDGEMENT

(1.) THE petitioner workman in Special Civil Application No. 1177 of 2003 has challenged award dated 11.6.2002 made by the Labour Court, Junagadh in Labour Reference (LCJ) No.1386 of 1990, wherein the respondent company has been directed to reinstate the petitioner workman in service with continuity of service with 40% of the backwages for intervening period.

(2.) THIS petition has been preferred by the petitioner challenging the order of 40% of the backwages on the ground that last drawn salary of the petitioner was considered at Rs.2,200/ - and without justification, 60% of the backwages has been denied by the Labour Court, without there being any cogent and convincing reasons.

(3.) FACTS are capsulized for better comprehension of challenges as under: - 4.1 The petitioner worked as a Junior Instrument Engineer with the respondent company vide appointment letter dated 7.10.1987 and he had been working with the respondent as such with effect from 16.9.1986 at the monthly wage of Rs.2200/ -. Such service of the petitioner was terminated with effect from 8.6.1989 and he was served with the chargesheet - cum -suspension order. He was alleged of remaining absent without leave in the charge -sheet given to him. Departmental Enquiry was conducted before the Enquiry Officer and his services since were terminated, he raised industrial dispute, which was referred by Assistant Labour Commissioner, Porbandar under section 10(1) of the Industrial Disputes Act, 1947 (for short "the Act") for adjudication to Labour Court, Rajkot and the dispute was subsequently transferred to Labour Court, Junagadh.