w w w . L a w y e r S e r v i c e s . i n



Manager, Group Four Security Services India Pvt. Ltd. v/s Vice President, Aurangabad Mazdoor Union


Company & Directors' Information:- D B GROUP INDIA PRIVATE LIMITED [Active] CIN = U63000MH2006PTC158759

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- C S A V GROUP INDIA PRIVATE LIMITED [Not available for efiling] CIN = U72900DL2004PTC124999

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- SECURITY CO LTD [Active] CIN = L65929WB1948PLC016992

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- V N A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL1998PTC091780

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- FOUR S SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2002PTC115308

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- G SECURITY (INDIA) PRIVATE LIMITED [Active] CIN = U74920MH2004PTC150235

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74920MH2005PTC152956

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74110MH2005PTC152956

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- J S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920HR2008PTC037747

Company & Directors' Information:- B D SECURITY PRIVATE LIMITED [Active] CIN = U74920JK2006PTC002638

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- G S S GROUP PRIVATE LIMITED [Strike Off] CIN = U01212KL1995PTC009575

Company & Directors' Information:- R. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93090UP2017PTC092692

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- D C GROUP PVT LTD [Active] CIN = U51109WB1981PTC033553

Company & Directors' Information:- G I SECURITY PRIVATE LIMITED [Active] CIN = U74140WB1993PTC057724

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- L K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93030UP2015PTC068449

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- AT GROUP INDIA LIMITED [Active] CIN = U74999MH2013PLC247209

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- R & L GROUP LIMITED [Strike Off] CIN = U01403HR2012PLC046635

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S. B. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086112

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- R M G SECURITY PRIVATE LIMITED [Strike Off] CIN = U74910TN1997PTC038969

Company & Directors' Information:- G D A SECURITY PVT LTD [Active] CIN = U74899DL1973PTC006424

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- H K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920MH2002PTC136385

Company & Directors' Information:- A G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC239505

Company & Directors' Information:- P G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC132138

Company & Directors' Information:- M & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173377

Company & Directors' Information:- J S D SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC197167

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920WB2000PTC092218

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- D & G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2011PTC165782

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- D AND R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920JH2013PTC001793

Company & Directors' Information:- S M SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL1996PTC007805

Company & Directors' Information:- J AND J SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC128735

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- E-1 SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74910OR2012PTC014996

Company & Directors' Information:- J S S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PB2005PTC028528

Company & Directors' Information:- W B SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920RJ2012PTC040905

Company & Directors' Information:- R. D. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PN2010PTC135994

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- K N R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000MH2010PTC204385

Company & Directors' Information:- S P SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000PN2014PTC150722

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- G T I SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2013PTC251541

Company & Directors' Information:- J. B. C. SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302126

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- R P SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046112

Company & Directors' Information:- S. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74120UP2016PTC076893

Company & Directors' Information:- H N S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2013PTC089837

Company & Directors' Information:- P. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920UP2008PTC035914

Company & Directors' Information:- B J U SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920UP2010PTC039772

Company & Directors' Information:- S A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000UP2014PTC062073

Company & Directors' Information:- B. R. S. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93030UP2013PTC059573

Company & Directors' Information:- B & I SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC190717

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R L SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999JK2015PTC004376

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- S R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U95000DL2000PTC106902

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- G G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109868

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- M R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247541

Company & Directors' Information:- S M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC125744

Company & Directors' Information:- T & E SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC220586

Company & Directors' Information:- AT SECURITY PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC234962

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2011PTC213180

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- L N T SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109776

Company & Directors' Information:- A.N.D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC193787

Company & Directors' Information:- VERSUS SECURITY PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195274

Company & Directors' Information:- M K G SECURITY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2005PTC141445

Company & Directors' Information:- A V SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL2008PTC181601

Company & Directors' Information:- R-4 SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2001PTC113509

Company & Directors' Information:- S O L SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2002PTC115968

Company & Directors' Information:- V AND A SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC125411

Company & Directors' Information:- H S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC127249

Company & Directors' Information:- T F SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2005PTC143337

Company & Directors' Information:- M P S SECURITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2007PTC169952

Company & Directors' Information:- V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2008PTC185522

Company & Directors' Information:- N K SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC191230

Company & Directors' Information:- M H SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2013PTC255582

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- P & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920HR2013PTC048169

Company & Directors' Information:- P T SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U67120KA2013PTC070724

Company & Directors' Information:- H S R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920KA2012PTC064955

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- M AND G SECURITY PRIVATE LIMITED [Active] CIN = U74920HR2020PTC087465

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- SECURITY & SERVICES (INDIA) PVT LTD [Strike Off] CIN = U74140WB1977PTC030902

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- I S S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2000PTC103574

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- N R V SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920CH2007PTC030824

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- S V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93090DL2006PTC153793

Company & Directors' Information:- R A R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2006PTC154147

    Writ Petition No.2993 of 2020

    Decided On, 05 March 2020

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE RAVINDRA V. GHUGE

    For the Appellant: S.V. Dankh, Advocate. For the Respondent: G.S. Telangare, Advocate.



Judgment Text

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.2. The petitioner Security Agency is aggrieved by the judgment and award dated 27/08/2018 delivered by the Labour Court, Aurangabad in Ref.(IDA) No.10/2012 vide which the following order was passed :'1. The Reference is answered partly in affirmative.2. Members of Second party union i.e. Arvind Dayanand Kharat and Ashok Shyamrao Hire are entitled for reinstatement in service with continuity along with 50% back wages from the date of oral termination i.e. 01.06.2010 till their reinstatement in service.3. No order as to costs.4. The copy of the Award be sent to the Dy.Commissioner of Labour, Aurangabad for publication and necessary action as per rules.'3. The contention of the petitioner can be summarized as under :[a] The petitioner provides security personnel to various establishments as per it's contract.[b] The employees represented by the respondent/Union, namely Arvind Dayanand Kharat and Ashok Shyamrao Hire, were Security Inspectors.[c] They claimed to have joined the petitioner on 13/10/1997 and 28/02/2003, respectively.[d] They were disengaged by the petitioner/Management on 01/06/2010.[e] Their last drawn wages were @ Rs.6,368/ per month.[f] They raised an industrial dispute u/s 2(k) of the I.D.Act, 1947 on 16/12/2011 for challenging their termination.[g] The industrial dispute was admitted in conciliation on 07/03/2012.[h] As the employer did not remain present even for a single hearing before the Conciliation Officer, the failure report was submitted on 19/03/2012 and the matter was referred to the Labour Court.[i] The Union preferred it's statement of claim on 17/02/2014.[j] The petitioner entered it's written statement dated 25/07/2014.[k] After the parties adduced oral and documentary evidence, the Labour Court delivered the impugned award on 27/08/2018.[l] The petitioners specifically took a stand that none of these two employees have been terminated or disengaged by the Management and that they themselves have started remaining absent.[m] Despite the above stand, both of them did not approach the Management for seeking deployment.[n] It will have to be inferred that both of them were not interested in their employment and therefore they did not choose to report for duties.[o] The Labour Court has wrongly awarded 50% back wages from the date of their oral termination.[p] Even today, none of these 2 employees have reported for duties.[q] If they are not interested in employment, they cannot be granted any back wages.4. The learned Advocate for the respondent/Union/employees submits as under :[a] The Management is merely creating a makebelieve picture that they have not terminated the two employees.[b] As the Management did not level any charges on the two permanent employees, no enquiry was conducted.[c] However, the truth has surfaced through the written statement of the Management, in which it is strongly contended that the bad behaviour and attitude of these two employees would indicate that they are not interested in employment but only in the back wages.[d] The Management alleged that both have committed misconducts, they are wrong doers and have acted illegally while they were on duty.[e] Serious allegations have been made against them by a staff member, as mentioned in the written statement.[f] The Management alleged that police complaints are lodged against them and both of them used to collect bribes from their colleagues with reference to deployment of duties.[g] It was also alleged that Mr.Ashok Hire is unauthorizedly absent from 02/05/2010 and Mr.Arvind Kharat, from 01/05/2010.[h] Though such charges are levelled in the written statement, no charge sheet has been served upon either of them.[i] Once the termination is held to be bad in law, the Honble Apex Court has laid down the Law that back wages have to be granted and the Labour Court has granted them only 50% back wages.[j] On instructions, both convey that they are willing to accept 35% of back wages with reinstatement, provided the management does not further litigate with them.[k] The two employees have the details of their visits to the premises of the petitioner Management for reporting for duties in between 31/05/2010 and 20/07/2010.[l] Mr.Ashok Hire has addressed a personal letter to the petitioner dated 10/06/2010, which has been received on the same day.[m] The above documents were not placed before the Labour court.5. In view of the submissions of the litigating parties and the record available, the Labour Court concluded from the written statement filed by the petitioner that there are several allegations levelled against both these employees. Several misdeeds have been attributed to their conduct. It was alleged that both had also abused the Officers of the Establishment in filthy and indecent language and that they have not reported for duties. It is obvious from this stand that the Management has terminated them.6. The employees consistently state that they have frequently tried to report for duties. On the one hand, the Management has taken a stand that they are not terminated and on the other hand, the Management has levelled serious allegations against both the employees. The Management did not put forth an offer to these two employees, through their written statement so as to indicate that both these employees are at liberty to report for duties.7. The Management contends that they had been granted exemption under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 and the Private Security Agencies (Regulation), Act 2005 and they could have conducted disciplinary proceedings.8. I am of the view, after considering the peculiar facts of this case involving 'WORD AGAINST WORD', that the Management should have exercised its jurisdiction for initiating an enquiry in the charges of unauthorized absenteeism and other alleged misconducts, against both the employees. The Management contends that both were remaining unauthorizedly absent and yet no enquiry has been initiated, which was permissible in view of the exemption granted to it u/s 23 of the 1981 Act. Merely by claiming that the workers are not reporting for duties or are remaining unauthorizedly absent, would not be enough when a Management is a silent spectator. It should have exercised the power vested in it by Law by initiating action against these two employees with regard to all allegations and unauthorized absenteeism. Per contra, the employees contend that they are in need of employment, had never abandoned their services and that it was the Management which was keeping them at bay.9. Though the learned Advocate for the petitioner may appear to be right in contending that once the employer declares that there is no termination, the pending industrial dispute would no longer remain an industrial dispute so as to enable the Labour Court to cause adjudication over the terms of reference. However, in my view, mere statement that there is no termination would not be enough until the employer expressly makes an offer through the written statement or a purshis, volunteering to allot duties to such employees so as to convince the Labour Court that there was no termination and the Management has a bonafide offer of allotting work to such employees. In the face of such an offer, if the employees do not report for duties, the Labour Court could have, on the one hand declared that there was no cause of action surviving and on the other hand, the principle of 'NO WORK NO WAGES' would have become applicable to such employees.10. Notwithstanding the strenuous submissions of the learned Advocate for the petitioner, I do not find any such offer having been made by the management any time in the last 10 years. Even after the impugned award has been delivered on 27/08/2018, this petition is filed on 29/08/2019 and these two employees have still not been issued orders of reinstatement or deployment in a particular shift or in a particular work schedule with any Principal Employer.11. Normally, in the face of such peculiar facts, the presumption is that the employees have been offering themselves for work as they are in need of employment and their jobs may be the only source of earning for the family. Pursuant to the impugned award, the respondent/Union served the petitioner with a representation dated 12/10/2018 calling upon the Management to implement the award. Even then, the Management has not implemented the award and has approached this Court after 10 months from the date of the representation, by filing this petition on 21/08/2019.12. The Labour Court has analysed the oral and documentary evidence adduced before it. Both the employees have supported their pleadings in the statement of claim. In their crossexamination, they have maintained their stand. In the cross examination by the Management, it was suggested to the employees that they have behaved arrogantly with their superiors and colleagues before proceeding for leave. This would indicate that the defence of the Management was that these workers have indulged in several acts amounting to misconducts and they were unwanted in employment.13. In the oral evidence led by the Management, it was averred that both the employees were remaining absent unauthorizedly. Serious allegations were voiced against them. Police complaints lodged against them were referred to. A clear case of seriously blemished behaviour was tried to be made out, which proved that the stand of 'No Termination', was unbelievable. It is obvious that the Management has laid a heavy thrust on the charge of misbehaviour, misconducts and indiscipline on the part of the two workers. After realizing that they could not have dispensed with the services of these two employees without conducting domestic enquiries, the Management appears to have taken a stand before the Labour Court that it had never terminated these two employees, which was purely to extricate itself from a precarious situation. The Management could have volunteered to reinstate them subject to initiating disciplinary action. However, the Management did not choose to do so.14. Considering the above factors, I find that the Labour Court has dealt with each of them and has also noted that the management intends to oust the jurisdiction of the Labour Court by taking conflicting stands on the one hand, that these two employees are remaining unauthorizedly absent and on the other hand, heavily relying upon the alleged misconducts allegedly committed by them. I, therefore, do not find that the directions issued by the Labour Court to the Management to reinstate the two employees in service with continuity, could be interfered with and could be branded as being a perverse and erroneous conclusion.15. In so far as the grant of 50% back wages are concerned, the Honble Apex Court has held in catena of judgments that an employer should not be rewarded by depriving the employee of the back wages when the act of the employer of terminating the employee is proved to be illegal. The Honble Apex Court has held in Sudarshan Rajpoot Vs. Uttar Pradesh State Road Transport Corporation [(2015) 2 SCC 317] that once the employee is held to be wrongfully terminated, his suffering

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s should be softened by granting back wages as the Court may find appropriate. In the case of Deepali Gundu Surwase Vs.Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) and others, [(2013)10 SCC 324], the Honble Apex Court has granted 100% back wages. In the matter of Assistant Engineer, Rajasthan Development Corporation and another Vs. Gitam Singh [(2013) 5 SCC 136] , it was held that 50% back wages would be commensurate.16. In the instant case, the learned Advocate for the employees has taken instructions from both of them present in the Court that if the Management renders a 'Quietus' to this litigation, they are willing to scale down the back wages to 35% by way of a compromise. However, the learned Advocate for the petitioner/Management submits on instructions from the Officer present in the Court, who has filed this petition, that there are no such instructions from the Management to accept the offer of the workers of reducing the back wages so as to put an end to the litigation.17. In view of the above, I do not find that the Labour Court has committed any error in granting 50% back wages to these 2 employees from 01/06/2010, without interest.18. As such, this petition, being devoid of merit, is therefore dismissed. Rule is discharged.
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