1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3855 OF 2009 Harun Babulal Shaikh, Age 43 yrs., Occu. Nil, R/o. Nimblak, Tq. & Dist. Ahmednagar. ....Petitioner. Versus M/s. Nav Maharashtra Chakan Oil Mill, A-12, MIDC, Ahmednagar Through Shri. Subbhash Mohanlal Lunkad, Age 56 yrs., Occu. Business, R/o. 379, Shantai, Sindh Cooperative Housing Society, Rajbhavan Road, Aundh, Pune. ....Respondent. Shri. P.V. Barde, Advocate for petitioner. Shri. D.V. Changede, Advocate for respondent. CORAM : R.K. DESHPANDE, J. DATE : 6th July, 2010. ORAL JUDGMENT : 1. This writ petition is preferred by the employee, challenging the judgment and order dated 30.4.2009, passed by the Industrial Court, Ahmednagar, partly allowing the Revision ULP No. 59/2006, filed by the respondent/management, challenging the judgment and order dated 2 20.2.2006, passed by the Labour Court in Complaint ULP No. 29/1999. The Labour Court, by its judgment and order dated 20.2.2006, granted reinstatement and full backwages to the petitioner/employee and therefore, the management preferred Revision ULP No. 59/2006. The Industrial Court modified the order of reinstatement and backwages and directed the employer to pay compensation of Rs. 40,000/- to the complainant in lieu of reinstatement, continuity of service and backwages. Hence, this order is subject matter of challenge by the employer in this writ petition. 2. Notice in this matter was issued on 25th June 2009. Shri. D. V. Changede appears for respondent/employer. Both the learned counsels appearing for the parties agree that the matter can be finally disposed of at the stage of admission. Hence, Rule, made returnable forthwith. The matter is heard finally by consent of parties. 3. The petitioner/complainant was a labourer, working under the establishment of the respondent from 1982. By an order of dismissal dated 20.10.1991, the services of the petitioner were terminated after holding an inquiry. This order of of dismissal was the subject matter of challenge in Complaint ULP No. 29/1999 filed by the petitioner/employee before the Labour Court, Ahmednagar under section 28 read with Item (1) (f) of Schedule IV of M.R.T.U. & P.U.L.P. Act. It was held by the Labour Court that the findings recorded by the Inquiry 3 Officer were perverse and hence, the order of dismissal was set aside and the employer was directed to reinstate the petitioner with continuity in service and full backwages from the date of termination. 4. The employer preferred Revision ULP No. 59/2006, challenging the order of reinstatement and backwages passed by the Labour Court. The Industrial Court, by its judgment and order dated 30.4.2009, partly allowed the Revision ULP No. 59/2006. The judgment and order dated 20.2.2006 passed by the Labour Court in Complaint ULP No. 29/1993 was quashed and set aside and it was modified. In lieu of the order of reinstatement, continuity in service and full backwages, the employer was directed to pay compensation of Rs. 40,000/- to the complainant. The basis for modifying the order passed by the Industrial Court was the finding that the Labour court was wrong in awarding reinstatement to the employee, in view of the gravity of the charges levelled against the employee, regarding assault on the manager, owner and other staff members. It was also that the findings recorded in the inquiry were perverse. This has not been touched and the same is maintained. The management has not preferred writ petition, challenging the said findings, partly maintaining the order passed by the Labour Court. 5. The only question involved in the present writ petition is, regarding quantum of compensation of Rs. 40,000/- awarded by the Industrial Court in lieu of order of reinstatement, continuity in service 4 and backwages passed by the Labour Court. 6. The learned counsel for the petitioner submits that the compensation is not based upon the total emolument or salary, which was last drawn by the petitioner/employee, on the date of termination of his service. Similarly, the learned counsel for the respondent/management submits that there is an agreement or settlement arrived at between the employer and employees and in view of those terms, the compensation awarded is just and proper. However, both these aspects have not been taken into consideration by the Revisional Court. Shri. Barde, the learned counsel appearing for the petitioner relies upon the judgment of the Apex Court in O.P. Bhandari's case, reported in (1986) 4 SCC 337 He urged that the criteria available for determination of compensation in lieu of relief of reinstatement, continuity in service and backwages, has also not been considered. Similarly, the question, whether in view of settlement arrived at between the parties in respect of payment of compensation, the criteria laid down by the Apex Court can be applied or not, is also required to be considered by the Industrial Court. No findings are recorded in respect of it. Hence, the order passed by the Industrial Court to the extent it modified the order of Labour Court, cannot be sustained. Hence, instant writ petition succeeds. 7. In the result, the instant writ petition is partly allowed. The 5 judgment and order dated 30.4.2009 passed by the Industrial Court, Ahmednager in Revision ULP No. 59/2006 is hereby quashed and set aside. The matter is remitted back to the Industrial Court, Ahmednagar for deciding the Revision ULP No. 59/2006 afresh. It is made clear that the Revisional Court shall decide only the question of quantum of compensation payable to the employee in lieu of reinstatement, continuity in service and backwages. It shall not reopen the question of dismissal of petitioner or setting aside the order of dismissal passed by the Labour Court. The parties are at liberty to put forth such material as is available with them in support of their claim before the Industrial Court and the Industrial Court shall after taking into consideration the same, decide the matter in accordance with law. Rule is made absolute in above terms. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp3855.09