AKIL KURESHI
GUAJRAT AMBUJA CEMENT PVT. LTD – Appellant
Versus
U. B. GADHE – Respondent
( 1 ) THIS group of petitions involve challenge to an award dated 31-12-2004 passed by the Labour Court, Junagadh. One set of the petitions are filed by the employer challenging the said award by which the Labour Court was pleased to partially allow the reference of the concerned workmen. The workmen were directed to be reinstated in service with continuity, however, without back-wages. The concerned workmen are also aggrieved by the said award in so far as the same provides for no back-wages and only reinstatement. They have therefore, filed counter petitions which have also been clubbed together, have been heard together along with the petitions filed by the employer. Since common questions of law and facts arise in the petitions and counter petitions, they are being disposed of by this common order.
( 2 ) SHORT facts leading to the present group of petitions can be noted at this stage. It is not in dispute that the petitioner-Company is involved in providing public utility services. In the year 1989-1990, there were certain disputes between the management and the employees. There was an extended strike in which large number of employees employed by the petitioner
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