(1.) THESE two cross Writ Petitions, under Articles 226 and 227 of the Constitution of India, arise out of and impugn the Award, dated 3rd January, 1990, made in Reference (IDA) No. 35 of 1982, by the Third Labour Court, Thane, in proceedings under the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ).
(2.) SINCE these are cross Writ Petitions, instead of referring to the parties as they are arryed in their respective petitions, I shall refer to the petitioner in Writ Petition No. 2697 of 1990 and the first respondent in Writ Petition No. 3229 of 1990 as "the workmen"; the first respondent in Writ petition No. 2697 of 1990 and the petitioner in Writ Petition No. 3229 of 1990 shall be referred to as "the employer".
(3.) THE employer is a company which deals in dyestuffs and intermediates. The workman was employed in its service on 1st June, 1979 as a Helper in the Engineering Department. On 20th august, 1981, he was served with an Order by which his service stood terminated with effect from 31st August, 1981. The reason given for the termination of his service, as stated in the order, may be usefully quoted verbatim. The order states :-