Zamboanga City Water District vs. Buat - Chan Robles and ...

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x x x“In any event, the decision of the Labor Arbiter reinstating adismissed or separated employee, insofar as the reinstatementaspect is concerned, shall immediately be executory, evenpending appeal. The employee shall either be admitted back towork under the same terms and conditions prevailing prior tohis dismissal or separation or, at the option of the employer,merely reinstated in the payroll. The posting of a bond by theemployer shall not stay the execution for reinstatementprovided herein (Emphasis supplied).x x xUnder the said provision of law, the decision of the Labor Arbiterreinstating a dismissed or separated employee insofar as thereinstatement aspect is concerned, shall be immediately executory,even pending appeal. The employer shall reinstate the employeeconcerned either by: (a) actually admitting him back to work underthe same terms and conditions prevailing prior to his dismissal orseparation; or (b) at the option of the employer, merely reinstatinghim in the payroll. Immediate reinstatement is mandated and is notstayed by the fact that the employer has appealed, or has posted acash or surety bond pending appeal. chanroblespublishingcompanyThe issuance of the temporary restraining order in G.R. Nos. 95219-20 did not nullify the rights of private respondents to theirreinstatement and to collect their wages during the period of theeffectivity of the order but merely suspended the implementationthereof pending the determination of the validity of the NLRCresolutions subject of the petition. Naturally, a finding of this Courtthat private respondents were not entitled to reinstatement wouldmean that they had no right to collect any back wages. On the otherhand, where the Court affirmed the decision of the NLRC andrecognized the right of private respondents to reinstatement, as inG.R. Nos. 95219-20, private respondents are entitled to the wagesaccruing during the effectivity of the temporary restraining order.WHEREFORE, the petition is DISMISSED.
SO ORDERED.Davide, Jr. and Bellosillo, JJ., concur.Cruz and Kapunan, JJ., are on leave.chanroblespublishingcompany
Page 1 and 2: SUPREME COURTFIRST DIVISIONZAMBOANG
Page 3 and 4: espondents to their former position
Page 5: the issue of lack of jurisdiction.

Zamboanga City Water District vs. Buat - Chan Robles and ...

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