LAWS(SC)-2013-4-130

DIRECTOR OF HORTICULTURE Vs. H A KUMAR

Decided On April 04, 2013
Director Of Horticulture Appellant
V/S
H A Kumar Respondents

JUDGEMENT

(1.) Heard Ms. Anitha Shenoy, learned Counsel in support of this appeal and Dr. Rajeev Sharma, learned Counsel for the respondent.

(2.) From the records, it is seen that leave was granted in this matter on 19th November, 2008. The prayer for interim relief was specifically rejected. In the circumstances, the respondent must have been taken back on duty with continuity of service. The only question is whether High Court order was in any way erroneous. In this connection, we have to note that there was a breach of condition under section 25F of the Industrial Disputes Act, 1947. Therefore, the order cannot be flouted. Hence, there is no reason to interfere with the impugned order. The civil appeal is, accordingly, dismissed.