: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1405 OF 2010 Kedarling Sahakari Pani Puravatha Sanstha Ltd., Wakhare, Karveer, Kolhapur ... Petitioner V/s. Sambhaji Pandurang Chougule ... Respondent Mr.P.D. Dalvi or Petitioner Mr.P.P. Chavan for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: JUNE 9, 2010 P.C.: 1. By this petition, 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 signature of the Respondent workman on blank sheets of paper on which his resignation was transcribed without his knowledge; (ii) there was no enmity between the employer and the employees and therefore, the question of obtaining his signature on the blank sheets of paper in order to write out resignation letter does not arise; (iii) even assuming the workman was entitled to reinstatement he was not entitled to full backwages. : 2 : 3. On perusal of the award, in my opinion, the aforesaid submissions of Mr.Dalvi are unsustainable. Although it was the contention of the workman throughout the hearing of the reference that his signature was obtained on blank sheets of paper, the workman has not been cross examined on this issue, effectively, by the management. Furthermore, it was the case of the petitioner society that the resignation letter was dated 17.11.2002 and had been submitted to the Secretary of the society. The resignation was 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 workman, purported resignation letters of 9 workman were submitted and accepted by petitioner. The Tribunal has rightly therefore disbelieved the case of the petitioner and has granted reinstatement with continuity of service. As regards backwages, Mr.Dalvi points out that the workman was employed with the Gram Panchayat from 24.5.2007 and was drawing a salary from the Gram Panchayat. This fact has not been considered by the Labour Court. In view of this, the award will have to be modified. Accordingly, the award in Reference No.79 of 2003 is modified to the following extent” “The respondent workman is entitled to reinstatement with continuity of service and full backwages from 23.11.2002 to 23.5.2007. For the subsequent period from 24.5.2007 to the date of the award, the workman will be entitled to the wages payable by the petitioner society, less what he has earned with the Gram Panchayat.” 4. Petition disposed of accordingly.