BHARATH ELECTRONICS LTD. REPRESENTED BY ITS GENERAL MANAGER (HR) Vs. SRI VISHNU MURTHY. S/O SRI. NARAYANA, BEL SC/ST WELFARE ASSOCIATION R/BY ITS GENERAL SECRETARY AND GOVERNMENT OF KARNATAKA DEPT. OF LABOUR VIKAS SOUDHA R/BY PRL. SECRETARY@RESP

JUDGEMENT

(1.) HEARD arguments on both sides.

(2.) THE brief facts that led to the filing of the above appeal are as under : The Respondent joined the service of the Appellant from 22.11.90 as a semi skilled helper. Though he started initially working at HF Section, he was changed to different sections from time to time. His salary also was (sic) at Rs. 22.50 per day. However, he was paid salary once a month. The permanent employees in the cadre of semiskilled helpers were getting Rs. 3,500/ - per month. Though he was treated as a daily wage employee, he worked continuously till he was refused work on 10.4.93. A notice dated 3.1.2994 was sent to the organisation to restore his work. When his request was not complied with, he approached this Court in W.P.7108/1993. This Court held that the dispute involves several questions of facts, therefore, it would be proper for the Petitioner to raise a dispute under the Industrial Disputes Act, 1947. Accordingly, a dispute was raised in Ref. 83/1995 and the matter was decided before the Labour Court. The reference came to be rejected against the Respondent.

(3.) THE matter was remitted back to the Labour Court for fresh consideration. This order came to be challenged in Writ Appeal No. 383/2006 and the Writ Appeal also came to be dismissed holding that the documents like the requisition sent to the contractor for supply of workers or the agreement entered into between the Appellant and the public undertaking were not produced before the Labour Court.