D G S S SANGH LTD Vs. VIRUPAXAYYA

JUDGEMENT

(1.) APPELLANT which is a registered society under the Karnataka Cooperative Societies Act, 1959 (for short, 'the Act') being aggrieved by the order passed by the single Judge in W. P. No. 10204/1997 dated September 14, 1998 wherein the single Judge has upheld the order of the Labour Court in KID 85/1991 passed by the Labour Court, Hubli, has come Up in this appeal.

(2.) SHORTLY stated the facts are: respondent workman (hereinafter referred to as 'the respondent') was appointed a a clerk with the appellant in the year 1981. By an order dated March 11, 1991, the service of the respondent was terminated by giving one month's notice. Respondent raised an industrial dispute under Section 10 (4-A) of the Industrial Disputes act (Karnataka Amendment), 1947 (for short 'the I. D. Act' ). Service of the respondent was terminated on the ground that he was a chronic absentee and that he was irregular in the performance of his duty. It was done by passing a resolution. Respondent assailed the order terminating his service on the ground that the same was stigmatic in nature. On the charge of remaining absent from duty without sanctioned leave his service could not be terminated without issuance of a show-cause notice and holding of an enquiry. That the order was passed in violation of the principles of natural justice. Another ground taken was that his service was terminated without payment of retrenchment compensation provided under Section 25-F of the Act. It was further stated that the appellant-society had been merged with Shirur Grama Seva Sahakari Sangh, shirur, and the said Sangha was impleaded as respondent No. 2.

(3.) APPELLANT who was respondent No. 1 before the Labour Court filed his statement of objection denying the averments made in the claim application. It is pleaded that the averments made in the claim application were frivolous, and vexatious; that the management had paid one month's salary in lieu of notice; that the management had conducted enquiry against the respondent and thereafter took the decision to terminate the service of the respondent as the charges levelled against him were found to be proved; that he was not serving to the satisfaction of the appellant; that the appellant had suffered due to his insincerity; that High Court of Karnataka had stayed the order of merger of the appellant society with respondent No. 2 and the appellant was functioning independently as previously; that the respondent had accepted the order of termination passed by the respondent and received all monetary benefits without protest or complaint; and that he had no legal ground to approach the Court. It was prayed that the claim petition be dismissed with costs.