National Textile Corporation Vs. Mumbai Textile Technicians & Officers Assn. & Ors.
EmailAppeal: Civil Appeal No. 853 of 1999
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C.A. No. 854 of 1999
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C.A. No. 854 of 1999
Petitioner: National Textile Corporation
Respondent: Mumbai Textile Technicians & Officers Assn. & Ors.
Apeal: Civil Appeal No. 853 of 1999
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C.A. No. 854 of 1999
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C.A. No. 854 of 1999
Judges: S. SAGHIR AHMAD & DORAISWAMY RAJU, JJ.
Date of Judgment: Feb 03, 2000
Head Note:
SERVICE AND LABOUR LAW
Industrial Disputes Act, 1947
Section 33C (2) – Undertaking (Taking over of Management Act, 1983) Question of employment and backwages of the employees being issues before the Court – Question of employment set at rest by Supreme Court order JT 1992 Supp. SC 202 as regards backwages. Held the question can be decided only if an application under Section 33 C (2) of I.D. Act is filed – Reinstatement directed in C.A. No. 854/99. Appeal disposed of.
Cases Reffered:
1. N.T.C. (South Maharashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors. (JT 1992 Supp. SC 202).
JUDGEMENT:
ORDER
Civil Appeal No. 853 of 1999
1. In view of the decision of this Court in N.T.C. (South Mahar-ashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors JT 1992 Supp. SC 202 = (1993) 1 SCC 217) which is a three Judge Bench decision, this appeal is dismissed.
Civil Appeal No. 854 of 1999
2. The question whether the Respondents in this appeal are to be provided employment by the Appellants before us been set at rest by a decision of three Judge Bench of this Court in N.T.C. (South Maharashtra) Ltd. Etc v. Rashtriya Mill Mazdoor Sangh & Ors. (JT 1992 Supp. SC 202 = (1993) 1 SCC 217). But so far as the other question namely, relating to their back wages is concerned, it has been brought to our notice through Exh. ‘H’ to Writ Peti-tion filed in the Bombay High Court, that even after take over of the Textile Mill under the Undertakings (Taking Over of Manage-ment) Act, 1983, the Respondents have received monetary benefit from other group of Tata Companies for the period indicated therein. It is on this basis that it is contended that the Respondents are not entitled to back wages for the whole of the period. This question cannot be investigated in these proceed-ings. We direct that the question of back wages shall be deter-mined by the Appropriate Authority under the Industrial Disputes Act if an application under Section 33-C(2) of the Act is filed by the Respondents. The claim of the Respondents for back wages will be investigated only for the period for which the Respondents had not received monetary benefit from any other source and had not worked elsewhere. But in any case the Respondents shall be put back to duty and they will be paid their dues regularly every month. The appeal is disposed of finally in the manner indicated.
Civil Appeal No. 853 of 1999
1. In view of the decision of this Court in N.T.C. (South Mahar-ashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors JT 1992 Supp. SC 202 = (1993) 1 SCC 217) which is a three Judge Bench decision, this appeal is dismissed.
Civil Appeal No. 854 of 1999
2. The question whether the Respondents in this appeal are to be provided employment by the Appellants before us been set at rest by a decision of three Judge Bench of this Court in N.T.C. (South Maharashtra) Ltd. Etc v. Rashtriya Mill Mazdoor Sangh & Ors. (JT 1992 Supp. SC 202 = (1993) 1 SCC 217). But so far as the other question namely, relating to their back wages is concerned, it has been brought to our notice through Exh. ‘H’ to Writ Peti-tion filed in the Bombay High Court, that even after take over of the Textile Mill under the Undertakings (Taking Over of Manage-ment) Act, 1983, the Respondents have received monetary benefit from other group of Tata Companies for the period indicated therein. It is on this basis that it is contended that the Respondents are not entitled to back wages for the whole of the period. This question cannot be investigated in these proceed-ings. We direct that the question of back wages shall be deter-mined by the Appropriate Authority under the Industrial Disputes Act if an application under Section 33-C(2) of the Act is filed by the Respondents. The claim of the Respondents for back wages will be investigated only for the period for which the Respondents had not received monetary benefit from any other source and had not worked elsewhere. But in any case the Respondents shall be put back to duty and they will be paid their dues regularly every month. The appeal is disposed of finally in the manner indicated.
