TVS FINANCE AND SERVICES LTD Vs. H SHIVAKUMAR

JUDGEMENT

(1.) Leave granted. This appeal by special leave, is directed against the order dated 16-12-2009, passed by a Division Bench of the High Court of Karnataka at Bangalore in WA No. 4225 of 2009.

(2.) By the impugned order, the Appellate Bench while partly allowing the appeal preferred by the respondent against the order passed by the learned Single Judge on 3-11-2009, directing the appellants herein to pay to the respondent, 50% of the last drawn salary as interim measure from the date of his order till the disposal of the reference by the Labour Court, has modified the said order to the effect that the interim relief to the respondent shall be payable from the date of his application before the Labour Court.

(3.) Assailing the order passed by the Division Bench, Mr Kasturi, learned Senior Counsel appearing for the appellant, submits that the impugned order deserves to be set aside on the short ground that the order passed by the learned Single Judge has been modified to the detriment of the appellant without notice to them. It is urged that the Appellate Bench should not have interfered with a discretionary order passed by the learned Single Judge. The learned counsel appearing for the respondent, on the other hand, maintains that the impugned order is correct.