G.R. No. 164423 - TRIUMPH INTERNATIONAL (PHILS.), INC., VS. RAMON L. APOSTOL AND BEN M. OPULENCIA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the instant petition is GRANTED . The assailed Decision dated July 16, 2001 and Order dated December 20, 2001, of the public respondent NLRC, First Division, Quezon City in NLRC NCR CA No. 026159-00 (NLRC NCR CASE NO. 39-01-0422-00) are REVERSED and SET ASIDE . In lieu thereof, the private respondent is hereby ordered to reinstate the petitioners with full backwages from the time their employments were terminated on January 21, 2000 up to the time the decision herein becomes final. However, if reinstatement is no longer feasible, due to the strained relation between the parties, the private respondent is ordered to pay the petitioners their separation pay equivalent to one (1) month pay for every year of service and, in addition, to backwages. SO ORDERED.