LAWS(KAR)-2011-8-176

VENKATESH S/O NARASIMHA DEVADIGA Vs. THE KONKAN RAILWAY CORPORATION LIMITED, KUNDAPURA, REP. BY THE DEPUTY CHIEF ENGINNER

Decided On August 17, 2011
Venkatesh S/O Narasimha Devadiga Appellant
V/S
Konkan Railway Corporation Limited, Kundapura, Rep. By The Deputy Chief Enginner Respondents

JUDGEMENT

(1.) THE 1st petition is filed by Konkan Railway Corporation, calling in question the award dt. 6/4/2006 in C.R. No. 144/97 of the Central Government Industrial Tribunal cum Labour Court, for short 'Labour Court' direction payment of Rs. 1,00,000/ - to the Respondent. In full and final settlement of his claims and in lieu of reinstatement. The connected petition is filed by the workman, aggrieved by the very same award of the Labour Court, declining reinstatement, continuity of service, backwages and consequential benefits.

(2.) SRI . Naik, learned Counsel for the Konkan Railway Corporation, for short 'Corporation', submits that if the connected petition filed by the workman is dismissed, the Corporation would not press its writ petition.

(3.) THE industrial dispute raised by the workman was over refusal of employment having worked form 1/11/1991 p 31/3/1994. The Labour Court, on the material on record, assumed that the workman was an employee under the Corporation and his service when dispersed with, was in violation of Section 25F of the Industrial Disputes Act, 1747, for short 'ID act' and against the protection under Section 2(00) of the ID act, tantamounting to fllegal retrenchment. The Labour Court keeping in mind that the termination of service was in the year 1994 and almost 12 years had elapsed, held that reinstatement was not desirable and accordingly directed payment of Rs. 1,00,00/ - as compensation, in full and final settlement of all the claims of the workman, by the award impugned.