1.0 This petition is directed against the judgement and award dated 17.03.2005 passed by the Labour Court, Bharuch in Reference ( LCB) No. 89 of 1992 whereby the Labour Court partly allowed the reference and directed the petitioner to reinstate the respondent in service with 50% backwages. The Labour Court has also awarded RS. 500/ as cost.
2.0 The respondent was engaged as a Plant Operator with the petitioner in the year 1990. His services were terminated for committing misconduct like not performing his duties regularly and remaining absent without prior sanctioned leave etc. The respondent raised a dispute and reference was referred to the Labour Court, Bharuch for adjudication. During the pendency of the reference, a settlement was arrived between the parties outside the Court and he was reinstated back in service. The respondent was to withdraw the said reference pending before the Labour Court on reinstatement, but he did not do so. In the year 1992 the respondent’s services were again terminated by the petitioner.
2.1 Aggrieved by the termination, the respondent raised an industrial dispute with Labour Court, Bharuch being Reference (LCB) No. 89 of 1992 and filed statement of claim. The Labour Court without considering the past record of the respondent and without considering the oral and documentary evidence produced by the petitioner, passed the aforesaid award. Hence, this petition. .
3.0 It has been stated thatt there is settlement between the parties and Rs. 75000/ has been paid to the respondent as lumpsum compensation. Since the respondent has already been paid Rs. 75000/ by way of settlement in lieu of reinstatement and backwages, the award of the Labour Court is substituted accordingly.
4.0 In view of the above, the petition stands disposed of. Rule is made absolute to the aforesaid extent. Liberty to revive in case of difficulty.
(K.S.JHAVERI, J.) niru*