WOSHULLY ESTATE, M/S TATA COFFEE LTD, POLLIBETTA -571 215 KODAGU DISTRICT. BY ITS MANAGER (IR) Vs. SMT LINGAMMA W/O SRI. SHANKARA

JUDGEMENT

(1.) IN this writ petition, petitioner has prayed for a writ in the nature of certiorari to quash the award dated 14.12.2009 in I.D.A. No. 3/2001 passed by the Labour Court at Madikeri.

(2.) RESPONDENT was working in the petitioner - estate as a regular Mazdoor from the year 1994. Without enquiry, without notice and without complying section 25F of the Industrial Disputes Act, 1947 [for short ID Act'], orally the petitioner refused employment; to the respondent from 29.1.2001. Despite oral request and notice, petitioner refused to provide employment. Thereafter, the respondent raised a dispute before the Labour Court under section 10(4A) of the ID Act. Petitioner entered appearance before the Labour Court and filed statement of objections, inter alia, contending that they have not refused employment to the respondent. On the other hand, the respondent unauthorizedly remained absent. On the basis of the pleadings, the Labour Court framed the following issues for its consideration.

(3.) THE Labour Court on appreciation of the pleadings, oral and documentary evidence, held that the petitioner refused employment to the respondent. Consequently, under the impugned Award, the Labour Court directed reinstatement with 50% back wages and continuity of service. Hence this writ petition.