R.V. Raveendran, J. - (1.) LEAVE granted. IA 5/2007 for bringing on record an additional document (certificate relating to employment of first Respondent with another employer from 1985) is allowed. Heard.
(2.) THE Appellant entered into a security service agreement dated 2.12.1975 with the second Respondent, for its Mills premises, governed by the provisions of Contract Labour (Regulation & Abolition) Act, 1970 ('CLRA Act' for short). The first Respondent was one of the persons appointed by the second Respondent, and he was deployed for guard duties at the Appellant's Mill on 15.12.1980. The second Respondent discharged the first Respondent from service on 27/28.7.1982. The Appellant terminated the security service agreement with the second Respondent on 16.8.1982. Five years after his termination, in the year 1987, the first Respondent filed an application under Section 31(3) of the Madhya Pradesh Industrial Relations Act, 1960 (for short 'MPIR Act') for a declaration that his termination from service was illegal. He also sought a consequential direction to the Appellant and second Respondent to extend all the benefits which the employees of the Appellant were being extended, from the date of termination, alleging that he was unemployed and without income. The Appellant contested the claim and the second Respondent remained ex parte. The Labour Court by order dated 28.10.1991 allowed the application in part and directed the Appellant to reinstate the first Respondent in his previous post and pay him all arrears. Feeling aggrieved, the Appellant filed an appeal before the Industrial Court against the said award of the Labour Court. While admitting the appeal, the Industrial Court directed the Appellant to comply with Section 65(3) of the MPIR Act which required the employer to pay to the employee the full wages last drawn by him, during the pendency of the appeal.
(3.) THE Appellant issued a letter dated 25.2.1992 offering reinstatement from 30.12.1991 on a salary of Rs. 1000/ - per month, though he was getting only a salary of Rs. 200/ - from second Respondent at the time of his disengagement. Shortly thereafter the Appellant's mills were closed on 31.10.1992 and it was declared to be a sick industry by the Board for Industrial & Financial Reconstruction on 6.5.1993.;