AKSHAR BOX FACTORY Vs. NIGAM SARDAR MALEK

JUDGEMENT

(1.) The petitioner, a partnership firm and No. 1 first party in Reference (LCV) No. 990/86 has approached this Court by way of this petition under Article 226/227 of the Constitution of India, challenging the award and order dated 10.6.1999 passed by the Labour Court Vadodara, partly allowing the reference of the respondents workmen hereinabove and directing it to the workers named in the award, i.e. six workers be reinstated w.e.f. 11.1.1985 and heirs of one workman Shri Udesing Desai Solanki who died during pendency of the reference be treated to be in service from 11.1.1985 to his demise i.e. 5.7.1996 and be paid 50% of wages and other benefits to his heirs and Rs. 1000/-cost to each of the workmen. This award dated 10.6.1999 was passed in Reference (LCV) 990/86.

(2.) The facts in brief narrated in this petition is set out as under:

(3.) Written statement was filed vide Exhibit-6 inter alia contending that factory was closed on 31.10.1984. The employer and employee relationship came to an end, the workmen were paid their wages/salary and dues upto October 1984 and 50 % salary by way of allowance, by way of notice pay and compensation etc. under section 25FFF of I.D. Act. These averments are made by petitioner in memo of petition at para No. 2.11. The Labour Court after recording elaborate submissions vide its order dated 10.6.1999 partly allowed reference in favour of workmen and ordering reinstatement with cost and back wages is ordered from 11.12.1985 and in respect of one workman as stated hereinabove, his heirs were ordered to be paid 25% of backwages as workman had passed away during pendency of reference.