MYSORE PAPER MILLS LTD PAPER TOWN BHADRAVATHI REPRESENTED BY ITS GENERAL MANAGER (HRD AND A) Vs. R. SURESH KUMAR

JUDGEMENT

(1.) THE 1st petition is filed by the workman, calling in question the award dt. 3/2/2010 in IDA No. 45/2000 of the Labour Court, Mangalore, in so far as it. Relates to denying 50% backwages, continuity of service and consequential benefits while directing reinstatement. The connected petition is filed by the Management, calling in question the very same award, directing reinstatement with 50% backwages.

(2.) LEARNED Counsel for the Management contends that the workman, when appointed as a Weigh Bridge Assistant, was entrusted with the duties and responsibilities of recording the correct cane net weight, by taking the gross weight and tare weight of the cane loaded vehicle, after observing the vehicle, its numbers, enter the permit/trip Sheets details into the computer, take out 3 weighment slips duly signed by him and forward one copy of the weighment slip to the concerned vehicle driver, while retaining a. copy in the Weigh Bridge, to be forwarded to the sugar accounts/ finance division, in addition, Petitioner was required to make entries in the gate pass, over the gross weight of cane and sign the same as also assist the Weigh Bridge Supervisor in the day -to -day work, to prevent any type of malpractice in the Weigh Bridge, as also close the permit, if excess tonnage is supplied by the riot, than the allotted tonnage in the permit.

(3.) LEARNED Counsel further submits that the order when subject -matter of challenge in a petition under Section 10(4 -A) of the Industrial Disputes Act, 1947, for short 'ID Act', before the Labour Court, Mangalore, registered as IDA No. 45/2000, issues were framed and the finding on the 1st issue over the validity of the domestic enquiry, was recorded in the affirmative, by order dt. 2/3/2006, holding the enquiry as fair and proper. There afterwards it is submitted, an award was passed, directing reinstatement of the workman without backwages, which when called in question in W.P. Nos. 14783/08 and 11977/07, this Court quashed the award and remitted the proceeding with a direction to summon one Hanumanthappa, when registered owner of the vehicle bearing certificate of registration No. KA -14/T -613 -14, Learned Counsel further submits that the said Haminianthappa, when examined as MW -2 was cross -examined.