LAWS(KAR)-2011-12-375

MANAGING DIRECTOR, THE KARNATAKA NEERAVARI NIGAM LIMITED., 4TH FLOOR, COFFEE BOARD BUILDING, NO. 1, DR. B.R. AMBEDKAR VEEHI, BANGALORE - 560 001 REPRESENTED BY ITS COMPANY SECRETARY Vs. SHRI. A.G. PRABHAKAR, S/O. ANNAPPA

Decided On December 07, 2011
Managing Director, The Karnataka Neeravari Nigam Limited., 4Th Floor, Coffee Board Building, No. 1, Dr. B.R. Ambedkar Veehi, Bangalore - 560 001 Represented By Its Company Secretary Appellant
V/S
Shri. A.G. Prabhakar, S/O. Annappa Respondents

JUDGEMENT

(1.) THE Karnataka Neeravari Nigam Limited, aggrieved by the award dated 1101.3011. in IDA No.19/2003 of the Labour Court, D.K. Mengalore, Annexure - A, allowing respondent's petition under Section -10(4)(A) of the Industrial. Disputes Act (for short 'Act'), directing reinstatement as daily wager with continuity of service and payment of 50% of back wages from the date of refusal of employment has presented this appeal.

(2.) INDISPUTABLY the respondent when engaged as a casual labourer on daily wages in the irrigation project, on its completion was refused employment, without payment of retrenchment compensation under Section - 25F of the Act, since the respondent had worked continuously for 240 days, in the year preceding the termination,

(3.) IN the premises of pleadings of the parties, the labour Court framed issues. Parties let -in evidence, when petitioner examined on witness as RW -1, and did not produce documents, while the respondent was examined as AW -1 and eight documents were marked as Exhibit A1 to A8.