- (1.) THIS judgment shall dispose of C. W. P. Nos. 12643 of 1989 and 1543 of 1990, as both of them have bean Sled against one and the same order passed by the Presiding Officer, Labour Court-II, Faridabad, on 25th May, 1989, by which the earlier orders dated 19th/21st May, 1989, passed by the Labour Court In references Nos. 327 and 357 of 1985 have been reviewed and directions issued to decide the matter afresh.
(2.) BRIEFLY stated, one Rewa Dhar was appointed by M/s Printers House Private Ltd. on 1st May, 1981, as Assembly Fitter. He served a demand notice on 18th March, 1985, alleging that his services were wrongly terminated on 21st January, 1985. Similarly, one Kanwar Pal was appointed in July, 1981, as a Fitter and was discharged from service on 22nd March, 1985. In both the cases separate references No. 327 and 357 of 1985, were made on 15th July, 1985, for adjudication of their industrial dispute as to whether termination of their services was legal and, if not, to what relied they were entitled.
(3.) LEARNED Labour Court-II, Faridabad, after considering the evidence produced before it, found that both the workmen, Rewa Dhar and Kanwar Pal wore employees of M/s Printers House Private Ltd Though their claim was against this very concern, the employer management did not care to contest the said references. Rather one Pardeep Sharma who had been attending the proceedings stated that he did not represent respondent M/s Printers House Private Ltd. and was there only to watch the interest of M/s Indo Graphic Art Machinery Company (P) Ltd. However, both the workmen categorically stated that they had no grievance or claim against M/s Indo Graphic Art Machinery Company (P) Ltd. , as their claim was against M/s Printers House Private Ltd. It was thereupon that the learned Labour Court accepted the references on 19th/21st May, 1988, and quashed the orders of dismissal passed on 21st. Jan, 1985, in the case of Rewa Dhar, and on 22nd March, 1985, in the case of Kanwar Pal. Resultantly, both the workmen were ordered to be reinstated in their jobs with continuity of service and full back wages and other benefits arising out of their employment.;