: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1410 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Tukaram Rau Shinde ... Respondent a/w WRIT PETITION NO.1413 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Ananda Krishna Patil ... Respondent a/w WRIT PETITION NO.1414 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Pandurang Aba Kamble ... Respondent a/w WRIT PETITION NO.1415 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Baburao Ganapati Todkar ... Respondent a/w WRIT PETITION NO.1416 OF 2010 : 2 : Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Madhukar Shamrao Toraskar ... Respondent a/w WRIT PETITION NO.1417 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Ganapati Shankar Patil ... Respondent a/w WRIT PETITION NO.1403 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Pandurang Narayan Khaire ... Respondent a/w WRIT PETITION NO.1404 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Ananda Rau Divase ... Respondent Mr.P.D. Dalvi or Petitioner Mr.P.P. Chavan for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: JUNE 9, 2010 P.C.: : 3 : 1. By these petitions, the petitioner society has challenged the common award dated 20.11.2009 passed by the Labour Court in Reference (IDA) No.72 of 2003 and other references. The Labour Court, Kolhapur has granted reinstatement with continuity of service and full backwages. 2. Mr.Dalvi, appearing for the Petitioner society, contends that the Labour Court has erred in concluding that (i) the society had obtained signatures of the Respondent workmen on blank sheets of paper on which their resignations were transcribed without their knowledge; (ii) there was no enmity between the employer and the employees and therefore, the question of obtaining their signatures on the blank sheets of paper in order to write out resignation letters does not arise; (iii) even assuming the workmen were entitled to reinstatement they were not entitled to full backwages. 3. On perusal of the award, in my opinion, the aforesaid submissions of Mr.Dalvi are unsustainable. Although it was the contention of the workmen throughout the hearing of the references that their signatures were obtained on blank sheets of paper, the workmen have not been cross examined on this issue, effectively, by the management. Furthermore, it was the case of the petitioner society that the resignation letters were dated 17.11.2002 and had been submitted to the Secretary of the society. The resignations were accepted. The Secretary of the society has not been examined by the Petitioner as its witness before the Tribunal to prove this fact. Therefore, in my opinion, the Tribunal has rightly disbelieved the Petitioner. Furthermore, it appears that out of 12 workmen, purported resignation letters of 9 workmen were submitted and accepted by petitioner. The Tribunal has rightly : 4 : therefore disbelieved the case of the petitioner and has granted reinstatement with continuity of service. 4. As regards the backwages, the Tribunal has considered the pleadings and averments made by the workmen that they did not get any gainful employment and that they were doing agricultural work or odd jobs. No evidence was adduced by the society before the Tribunal to indicate that this contention of the workmen was false. The Tribunal has considered the contentions of the workmen and the evidence on record and has found that merely because the workmen were earning just enough for themselves and their families to subsist, there was no need to deduct the amount from the backwages payable. 5. In my view, the Labour Court has committed no error in awarding reinstatement with continuity of service and backwages. 6. Petitions dismissed.