- (1.)THE short question which falls for consideration in this writ petition is as to whether the petitioners upon reinstatement in service pursuant to the award of the Labour Court is entitled to full back wages.
(2.)THE 4 petitioners are the employees of the respondent Hospital. While the petitioner No. 1 was first appointed as Trainee Security and General Supervisor with effect from 1. 3. 1991 and subsequently regularised in his service, the petitioner No. 2 was appointed as Pharmacy Assistant with effect from 108. 1988. His service was also regularised. The petitioner No. 3 was appointed as a Trainee Receptionist in the year 1993 and the petitioner No. 4 was appointed as Receptionist in the year 1990. Petitioner No. 1 was the President and the petitioner No. 2 was the Assistant General Secretary of the Employees Union. Certain dispute arose between the Union and the Management relating to service conditions, pursuant to which a domestic enquiry was conducted by the Management. Thereafter, all the petitioners were removed from service with effect from 18. 10. 1994, 14. 12. 1994, 21. 7. 1994 and 5. 11. 1994 respectively.
(3.)AT the time of removal of the petitioners from service, a conciliation proceeding was going on before the Labour Officer-cum-Conciliation Officer. The charges against the petitioner No. 1 were regarding non-submission of punching cards of all the employees for the months of December, 1993, January, 1994 and February, 1994 and signing of Guard Duty Book in advance. So far as the other petitioners are concerned, they were allegedly retrenched from service within the purview of Section 25 F of the Industrial Disputes Act, 1947 without fulfilling the conditions precedent for such retrenchment.