PYAREJAN Vs. KARNATAKA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals are by the two employees of Karnataka State Electricity board. On their services being terminated, a reference was made to the Labour Court to find out whether the retrenchment is justified, and, if not, what relief the workmen are entitled to. The Labour Court answered this reference by an award dated July 7, 1994. It came to the conclusion that the termination of the services of the employees tantamounts to retrenchment under Section 2 (oo) of the. Industrial Disputes act and the employer had not complied with the provisions of Section 25-F and consequently the termination is bad. The labour Court also came to the conclusion that the workmen had not been gainfully employed subsequent to the period of their termination. Accordingly, the Labour Court directed for reinstatement of the appellants with full back wages. Before the Labour Court, the counsel appearing for the employer had pleaded that instead of direction of reinstatement and back wages, the workmen should be awarded some compensation, but that submission had not found favour with the Labour Court. Against the said award of the Labour Court, the State electricity Board approached the High Court by filing a writ petition.

(3.) A learned single Judge of the High court while upholding the order of the Labour court to the effect that the termination is bad, the provisions of Section 25-F not being complied with, further came to the conclusion that it would be appropriate to direct payment of some compensation in lieu of the direction of reinstatement and back wages. The compensation amount was fixed at Rs 60,000. Against the said order of the learned single judge the workmen moved the Division Bench, but having been unsuccessful there, they are before this Court.