GR L 24634 24635; (March, 1969) (Digest)
G.R. No. L-24634 & L-24635 March 28, 1969
Union of Philippine Education Employees (NLU), petitioner, vs. Philippine Education Co., Inc. and The Court of Industrial Relations, respondents.
FACTS
The petitioner union filed two complaints for unfair labor practice against the respondent company, alleging the dismissal of twenty-seven employees due to union activities. The Court of Industrial Relations, in its decision, ordered the reinstatement of nineteen employees with back wages. Of the remaining eight, four were the subject of this petition for review: Ernesto Palaganas, Eduardo Elbanbuena, Jesus Galang, and Maximo Villanueva. Palaganas was not ordered reinstated, while Elbanbuena, Galang, and Villanueva, although reinstated, were not granted back wages. The union sought the reinstatement of Palaganas with back wages and the award of back wages to the other three, arguing they were similarly situated to the nineteen who received full relief.
ISSUE
Whether the Court of Industrial Relations erred in denying reinstatement and/or back wages to Ernesto Palaganas, Eduardo Elbanbuena, Jesus Galang, and Maximo Villanueva.
RULING
The Supreme Court modified the decision in part and affirmed it in part. For Ernesto Palaganas, the denial of reinstatement and back wages was upheld. The Court found his case different from the regular employees who failed to return after leave, as he was on an off-and-on payroll, took a leave of absence, and was unheard from thereafter, leading to the removal of his name from the roster, which did not constitute unfair labor practice. For Eduardo Elbanbuena, the Court ordered the payment of back wages for the period from January 9 to November 3, 1960, as the lower court’s finding that he was laid off ruled out the possibility of an extended unpaid leave. For Jesus Galang and Maximo Villanueva, the denial of back wages was affirmed, as they were not laid off and had returned to work after their leaves of absence, continuing in their former positions without interruption. The decision was thus modified to award back wages to Elbanbuena and affirmed in all other respects.