Back
2000 Supreme(SC) 479
2000(6) Supreme 350
SUPREME COURT OF INDIA
S. Saghir Ahmad & Doraiswamy Raju, JJ.
National Textile Corporation -Appellant
versus
Mumbai Textile Technicians & Officers Assn. & Ors. -Respondents
Civil Appeal No. 853 of 1999
With
C.A. No. 854 of 1999
Decided on 2-3-2000
Headnote:Industrial Disputes Act, 1947-Sections 25F and 32-Reinstatement and back wages-Textiles Mill taken over by Appellant-Claim of respondent erstwhile workers of mill for employment and back wages-Appellants entitled for employment-Even after take over respondents have been receiving monetary benefit from earlier employer Company-Question of back wages will have to be investigated under Section 33-C(2) only for period for which respondents had not received monetary benefit from any other sources.
ORDER
Civil Appeal No. 853 of 1999
In view of the decision of this Court in N.T.C. (South Maharashtra) Ltd. Etc. v. Rashtriya Mill Mazdoor Sangh & Ors.1 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 has 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. (supra). 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 Petition filed in the Bombay High Court, that even after take over of the Textile Mill under the Undertakings (Taking Over of Management) 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 proceedings. We direct that the question of back wages shall be determined 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 been 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.
(C.R.) Order accordingly.
***************
