KARNATAKA MALLADI BIOTICS LTD. Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner-Management is before this Court raising a challenge to an order dated 22.11.2014 passed by the Court of I Additional Labour Court, Bengaluru (hereinafter referred to as 'Labour Court') in Application No.4/2014, the proceedings initiated under Section 33(C)(2) of Industrial Disputes Act, 1947 (hereinafter referred to as 'the said Act of 1947').

(2.) Brief facts leading to filing of the writ petition are that the workman was appointed on 19.6.1995 as Secretary to the Managing Director of Karnataka Malladi Biotics Ltd. It transpires that the workman was transferred and posted to Mandya after the closure of the Unit at Bengaluru on 15.7.2003. It is alleged that the workman reported to duties and thereafter, unauthorisedly remained absent, which resulted in the Management terminating her service with effect from 30.9.2003 paying her retrenchment compensation of Rs.62,068/- on

(3.) 11.2003. 3. The workman raised a dispute before the Labour Court on 27.1.2007 whereby Labour Court directed reinstatement of the workman with full backwages and continuity of service. This was challenged by the Management before this Court in W.P. No.18635/2007. During the pendency of the said writ petition, the workman was reinstated and was directed to report to duty at Mandya and later, when the factory at Mandya was sought to be closed, the Management retrenched about 84 workmen who were working in the factory as also the workman who is in the present lis. The retrenchment compensation could not be paid to her on the ground that she was unauthorisedly absent and was not working in the factory.