G.R. No. 108369 - CINDY AND LYNSY GARMENT AND ITS GENERAL MANAGER, KIL HUAN SY, MANAGER, VIRGINIA PULA SY, VS. NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER NIEVES V. DE CASTRO, ERNA N. BATALLA, CRISTINA P. KING AND SUSAN N. CARACAS. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, upon motion of private respondents, the case was submitted for resolution. On October 29, 1991, Labor Arbiter Nieves de Castro, rendered a decision granting the claims of private respondents, including that for underpayment, but excluding the claims for unfair labor practice, nonpayment of legal holiday pay and Social Security benefits. The dispositive portion of her decision reads: [2] Premises considered, respondents Cindy and Lynsy Garments Inc. is hereby directed to: Reinstate all individual complainants to their former position as Promo Girls effective November 1, 1991; To pay complainants the following: 2.1 Backwages P70,416.00 2.2 13th month 15,604.00 2.3 incentive leave pay 3,889.00 2.4 Salary Diff. 49,667.50 All other claims are hereby dismissed either for lack of merit and/or lack of jurisdiction. Respondent is further notified: that reinstatement order is immediately executory even pending appeal, meaning, that the appeal will not stop the execution of the reinstatement aspect, however, respondent may chose between actual reinstatement and/or payroll reinstatement, pending appeal; that failure to reinstate either in the payroll or actually, shall be penalized in accordance with RA 6715 whereby the maximum fine of P10,000.00 per payroll period of non-compliance shall be imposed. SO ORDERED.