- (1.) Leave granted.
(2.) The Appellants run a newspaper. There was a strike in their establishment; it commenced on 16th September, 1990 and ended in July, 1991. Against the second Respondent and about 180 other workmen, disciplinary proceedings were launched. They culminated in orders of dismissal. The workmen, the second Respondent included, filed applications before the Labour Court against the orders of dismissal. The application was filed by the second Respondent on 14th October, 1991. The Labour Court made its Award on 31st August, 1995. It held that the strike was illegal, that the disciplinary Inquiry was valid but that the punishment of dismissal was disproportionate to the charge. Accordingly, it directed the Appellants to reinstate the second Respondent, "with stoppage of two Increments with cumulative effect and deduction of full back wages from the date of dismissal till the date of this application. The claimant is entitled to full back wages from the date of this application with other reliefs." The Award of the Labour Court was Impugned by the Appellants In a writ petition filed before the High Court of Karnataka. The learned Single Judge who heard the writ petition found no Infirmity in the Award. The Appellants filed an appeal, which met the same fate at the hands of a Division Bench. Against the order of the Division Bench, the Appellants are here by special leave.
(3.) It should be added that pending the disposal of the proceedings before the High Court, the second Respondent was reinstated in service on 19th July, 1996. The dispute now is only in regard to the quantum of back wages that the Appellants must pay the second Respondent.;