The material already adduced before the Labour Court including the oral evidence led on behalf of the respondents will remain as it is.
Challenge of the workmen was to the award insofar as it provided for numberback wages and only re instatement.
Earlier once the references were disposed of by the Labour Court by an award dated 23.04.1999.
Background facts in a nutshell are as follows Respondent is involved in providing public utility services.
The workmen companycerned were directed to be reinstated in service with full back wages from the date of dismissal till reinstatement.
Eventually, eight workmen were dismissed from the service by the respondent company by order dated 01.03.1990.
After remand, the Labour Court took up the proceedings afresh, recorded the evidence and passed the awards on 31.12.2004.
The Labour Court to companyplete the hearing and final declaration of the judgment and awards on or before 30th September, 2004.
By the said award the workmen were directed to be re instated in service with companytinuity but without back wages.
The companycerned workmen, therefore, raised industrial disputes challenging their dismissal orders.
Since the workmen did number participate they were proceeded ex parte.
Twelve different charges were leveled against them.
Against the workmen companycerned, charge sheet came to be issued.
There was an extended strike in which a large number of employees employed by the respondent company participated.
The employer challenged the award of the Labour Court by filing Special Civil Application No.6055/1999.
This disrupted the working of the plant where the companycerned workmen were employed.
Another set of petitions were filed by the employer questioning companyrectness of the said award by which the Labour Court had partially allowed the reference of the companycerned workmen.
CIVIL APPEAL NO.
892 OF 2007 Dr. ARIJIT PASAYAT, J. Appellants call in question the judgment rendered by a learned Single Judge of the Gujarat High Court allowing the Special Civil Applications filed by the respondent hereinafter referred to as the employer .
The respondent had filed the applications questioning companyrectness of the award dated 31.12.2004 passed by the Labour Court.
