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2008 (9) TMI 881 - BOMBAY HIGH COURTTermination of service - Held that:- The evidence in the present case does not in any manner indicate that the workman had committed any misconduct. As aforesaid, the witnesses for the respondent had, in fact, admitted that there was no misconduct on the part of the workman and that, therefore, there was no need of either charge-sheeting him or holding an enquiry against the workman. In these circumstances, the Award Part-II of the Labour Court is unsustainable and must be set aside. The submission of the learned advocate for the respondent No.1 that it would not be possible for the respondent No.1 to reinstate the petitioner in view of the agreement between the Airports Authority of India and Mumbai International Airport Pvt. Ltd., is unacceptable. The petitioner will be treated in the same manner as other workmen who are today working with the Airports Authority of India. As regards the back wages, the evidence led by the workman indicates that he made several attempts to get alternative employment and that he had no independent source of maintenance. This is a fit case to remand the matter to the Labour Court to decide whether the back wages and consequential benefits are payable to the workman from 29.4.1988 i.e. the date of termination to the date of reinstatement in service.
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