- (1.) By a notice dated 13/08/1974, the appellant terminated the services of 14 workmen in pursuance of Order 23 of the Standing Orders. The dispute was taken to the Labour court which gave an award on 19/02/1979, directing the reinstatement of three workers who figure among the respondents in these appeals. The remaining 11 workers accepted the notice of termination and the compensation which was paid to them by the appellant.
(2.) Under an interim order passed by this court on 19/03/1982, about Rs. 24,000. 00 have been paid to each one of the three workers so far. The interim order expressly recognised the right of these three workers to continue to work in any other establishment during the pendency of these appeals. We may mention that while passing the order of reinstatement, the Labour court had itself recorded the finding that the three workers were gainfully engaged in some other employment.
(3.) We are of the opinion that substantial justice has been done to the three workers by reason of the interim order which was passedby this court in their favour. It appears that in May, 1979, the appellant had closed its business and has started another business on somewhat similar lines. The fairest order to pass in these circumstances would be to direct that the appellant shall take the three workers in its employment as fresh employees in the business in which the same or similar type of work is being done, which the three workers used to do. They shall, of course, be taken in the same scale of wages which are paid to similar other freshly recruited workers.;