LAWS(KAR)-2010-11-160

B.T. ESHWARAPPA S/O THIMMA NAIK SUGAR WEIGH BRIDGE M.P.M. LIMITED Vs. THE MYSORE PAPER MILLS LIMITED BY GENERAL MANAGER (HRD AND A)

Decided On November 02, 2010
B.T. Eshwarappa S/O Thimma Naik Sugar Weigh Bridge M.P.M. Limited Appellant
V/S
Mysore Paper Mills Limited By General Manager (Hrd And A) Respondents

JUDGEMENT

(1.) THE Petitioner is before this Court seeking for issue of writ to quash the official memorandum dated 10.10.2006 which is impugned at Annexure -K.

(2.) HEARD the learned Counsel appearing for the parties and perused the petition papers.

(3.) THE case of the Petitioner is that the aforesaid fixation is erroneous and in any event, while re -fixing, the Petitioner has not been heard in the matter and as such the impugned official memorandum dated 10.10.2006 smacks of non -compliance of principles of natural justice. In this regard, learned Counsel for the Petitioner has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Bhagwan Shukla v. Union of India AIR 1994 SC 2430 Even on merits, it is contended that as per the document at Annexure -R5 which is the pay slip for the CT -1 Grade prior to his change over to MS -4, the basic pay has been indicated at a higher rate than what has been now refixed and therefore the same is not sustainable. Reference is also made to certain other employees.