MANAGEMENT OF INTEGRATED ELECTRIC CO PVT LTD Vs. K B GANGAIAH C/O KODE THIMMAIAH

JUDGEMENT

(1.) WRIT Appeal Nos.3196 -97 & 1056 -1057/2010 are filed by the Management whereas Writ Appeal Nos.406 -407/2011 are by the workmen against the common order passed in Writ Petition No.16750/2005 c/w Writ Petition No.17333/2005 dated 29th July 2009 by the learned Single Judge of this Court. By the impugned common order, the learned Single Judge allowed both the writ petitions in part, directing the Management to pay backwages @ 25% from the date of dismissal till the date wages under Section 17B of the Industrial Disputes Act (hereinafter referred to as the Act ) came to be paid and also not disturbing the wages paid under Section 17B of the Act with continuity of service.

(2.) THE facts leading to these appeals are that: The Management herein had engaged about 150 employees. Out of them, only some joined CITU Union. The workmen intended to form an Union to desist the exploitation of the workmen by the Management, nonpayment of dearness allowance and uniform, etc. When the Management was requested to stop the activities and to treat the workmen properly, the workmen were kept under suspension, domestic enquiries were held and the workmen were dismissed from service. The workmen filed individual disputes in the Labour Court under Section 10(4 -A) of the Act, which were registered in I.D.No.24/1996 and I.D.No.26/1996 respectively. The Labour Court after enquiry found that the charges alleged against the workmen were proved, but held that the order of dismissal was too disproportionate and directed the Management to reinstate the workmen with 20% backwages with continuity of service and also to withhold three increments with cumulative effect vide common award dated 16.8.2004. Aggrieved Management filed Writ Petition No.16750/2005 challenging the award of the Labour Court. During the pendency of the matter, the workmen have filed Writ Petition No.17333/2005, seeking extension of full wages and consequential benefits. After hearing rival contentions, the learned Single Judge passed the following order: The management shall pay back wages at the rate of 25% from the date of dismissal till the date wages under S.17B of the Industrial Disputes Act came to be paid. Wages paid under S.17B of the Act shall not be disturbed. The workmen would be entitled to continuity of service. Order be implemented within two months.

(3.) SRI .K.R.Anand, learned Counsel appearing for the Management submits that, the Management is prepared to reinstate the workmen and implement the direction of the learned Single Judge.