Krishan & Ors vs The Management Of The on 29 July, 2015

1. Aggrieved by the order dated February 07, 2013 whereby in a writ
petition filed by the respondent/ management being W.P.(C) No.2012/2006
the award dated October 10, 2005 directing reinstatement of the appellants
with 50% back wages was modified to compensation in addition to the
amount released under 17B, the appellants prefer the present petition.
2. The appellants nine in number were working as Sweepers/Mali with
the respondent/management when their services were terminated. On an
industrial dispute being raised the Labour Court vide the order dated October
10, 2005 drew an adverse inference against the management for not
producing the best evidence i.e. the records of the appellants prior to 1998-
99 and held that the termination was illegal since Section 25F ID Act was

not followed. Thus an award directing reinstatement of appellants 1- 6, 8 &
9 as Sweepers and appellant No.7 as Mali with continuity of service and
50% back wages @ last drawn wages of `53/- per day or the minimum
wages fixed for the post by the Government whichever is higher was
directed to be paid from the date of termination i.e. November 17, 1994 till
date of their reinstatement.

Source: Indian Kanoon

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