G.R. No. 120457 - SALOME PABON AND VICENTE CAMONAYAN, VS. NATIONAL LABOR RELATIONS COMMISSION AND SENIOR MARKETING CORPORATION.

Ruling

WHEREFORE, with all the foregoing considerations judgment is hereby rendered as follows: "1. Declaring complaints Salome Pabon and Vicente Camonayan illegally and unjustly dismissed in a manner that is whimsical and capricious; "2 Ordering respondents Senior Marketing Corporation and R-Jay Roxas jointly and severally to reinstate complaints to their former position without loss of seniority rights and to pay them their full backwages and other benefits until they are actually reinstated computed as of September 15, 1994 as follows: x x x x x x x x x" [3] Instead of appealing the Labor Arbiters decision to the National Labor Relations Commission (NLRC), within ten (10) days from receipt of the said decision, private respondent filed a motion for reconsideration/new trial [4] before the Labor Arbiter. It was only after the said ten-day period had lapsed that private respondent appealed to the NLRC which, in a Decision [5] promulgated on March 31, 1995, disposed of the appeal as follows: "WHEREFORE, the decision of the Labor Arbiter is hereby SET ASIDE and respondent Senior Marketing Corporation is hereby directed to submit its evidence and for the Labor Arbiter to conduct such further proceedings as may be necessary for the expeditious resolution of this instant case. "SO ORDERED.