Court No. - 6 Case :- WRIT - C No. - 2006 of 2010 Petitioner :- M/S Chemidoc Enterprises Pvt. Ltd. Respondent :- Presiding Officer, Industrial Tribunal And Others Petitioner Counsel :- Anil Kumar Srivastava Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Standing Counsel accepts notice on behalf of respondent nos. 1 and 3.
Issue notice to respondent no. 2 fixing 17th February, 2010 as the date.
Petitioner to take steps within one week. All the respondents may file counter
affidavit by the next date fixed.
List on the date fixed.
On behalf of the petitioner it is contended that even though there was no
allegation on the part of the workmen to the effect that he was not gainfully
employed during the period of disengagement and further since the
appointment of the workmen was for fixed term/ daily wages, the Labour
Court could not have awarded back wages.
The matter requires enquiry by this Court.
In view of the aforesaid, the petitioner may reinstate the workmen concerned
in terms of the award within one month from today and pay future salary
regularly. If they do so, recovery of the back wages in terms of the award
shall remain stayed. In case of default petitioner shall not be entitled to the
benefit of this order.
Order Date :- 19.1.2010
Pkb/