CONCERNED WORKMEN OF SAHAI INDUSTRIES Vs. B D GUPTA
HIGH COURT OF DELHI
CONCERNED WORKMEN OF SAHAI INDUSTRIES
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Yogeshwar Dayal,J. -
(1.)Civil Writ No. 940/73 and Civil Writ No. 620/74 arc two cross writ petitions filed on behalf of the Management and the Workmen challenging an award dated 10th May, 1973 passed by Shri B.D. Gupta, Presiding Officer, Additional Labour Court, on a reference made to it, that the refusal of duties to the workmen concerned with effect from 21st May, 1969 could not be justified by the Management on any ground whatsoever and directing that the workmen concerned be taken back on duty by the Management with only 25% wages as compensation for the period commencing from 21-5-1969 till the date of the publication of the award.
(2.)The management has challenged the award in so far award directs the workmen to be taken back on duty with only 25% wages as compensation whereas the workmen concerned have challenged the award claiming that the award should not have been restricted to the 25% wages as compensation.
(3.)The facts necessary for the present controversy are that two references were made by the Lieutenant Governor, Delhi in exercise of his powers under Sections 10(l)(c) and 12(5) of the Industrial Disputes Act, 1947, (hereinafter referred to as the "Act of 1947") to the Additional Labour Court, one dated 15th September, 1969 relating to 20 workmen and the other dated 28th April, 1970 relating to one Sh. Ram Raj. The terms of references were in similar terms. For understanding the contentions, terms of one of the references were as under :-
"Whether the following workmen are entitled to be taken back on duty with full compensation for the period commencing from 21-5-1969 onwards and if so what directions are necessary in this regard......".
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