Philippine Inter-fashion, Inc. v NLRC case digest

G.R. No. L-59847 October 18, 1982

PHILIPPINES INTER-FASHION, INC., petitioner,
vs.
NATIONAL LABOR RELATIONS COMMISSION, SHERIFF'S OFFICE OF THE NATIONAL LABOR RELATIONS COMMISSION, AND NATIONAL FEDERATION OF LABOR UNIONS (NAFLU), respondents.

Facts:

Phil. Inter-fashion, Inc. decided to retrench its employees and selected about 40 employees to be dismissed due to lack of work. The day after the company informed about 20 of the affected employees regarding the plan, around 200 employees went to the Ministry of Labor and talked with then Deputy Minister who advised them to return to their work. They actually returned but did not work. The following day, the workers returned to their work with the return-to-work order but the company did not allow them to work.

Issues:

1. WoN the petitioner must be deemed to have waived its right to pursue the case of illegal strike against the 114 employees who were not reinstated and who pursued their illegal lockout claim against petitioner

2. WoN the said 114 employees are entitled to reinstatement with three months' backwages.

Held:

1. There was no clear and unequivocal waiver on the part of petitioner and on the contrary the record shows that it tenaciously pursued its application for their dismissal.

2. In view of the undisputed findings of illegal strike on the part of the 114 employees and illegal lockout on petitioner's part, both parties are in pari delicto and such situation warrants the restoration of the status quo ante and bringing the parties back to the respective positions before the illegal strike and illegal lockout through the reinstatement of the said 114 employees.

Ratio:

1. The Bisaya case (102 Phil. 438) is inapplicable to the present case. xxx if petitioner really had any intention to pardon the 114 strikers, it would have included them in its motion to withdraw on November 17, 1980. The fact that it did not, but instead continued to pursue the case to the end, simply means that it did not pardon the, 114 strikers.

2. The finding of illegal strike was not disputed. xxx On the other hard, the finding of illegal lockout was likewise not, disputed. xxx The findings show that both petitioner and the 114 strikers are in pari delicto, a situation which warrants the maintenance of the status quo. This means that the contending parties must be brought back to their respective positions before the controversy; that is, before the strike. Therefore, the order reinstating the 114 employees is proper.