DIVISIONAL CONTROLLER Vs. MAHADEVI

JUDGEMENT

(1.) The petitioner aggrieved by the order dtd. 5/1/2009 passed in Reference No.22/06 by the Presiding Officer, Labour Court, Bijapur filed this writ petition.

(2.) Brief facts giving rise to filing of this writ petition are as under: The deceased Basawaraj Byahatti was working as a driver since 1987 in the petitioner's Corporation and he has developed ill-ness due to which he could not drive the vehicle he was given work in a lesser strain. On the basis of medical report, the order was passed on 12/2/1999, whereby Basawaraj Byahatti was compulsory retired from service. Basawaraj died on 31/10/2005 living behind his legal representative. Basavaraj Byahatti during his life time, he did not challenge the order of compulsory retirement. After the demises of Basavaraj, the legal heirs of Basavaraj has approached Government of Karnataka for reference, the Government of Karnataka, through Labour Commissioner, Bangalore has referred reference under Sec. 10(l)(c)(D) of Industrial Disputes Act, 1947 (hereinafter called in short Act 1947). The respondents filed a claim petition U/s 10(4)(A) 1947 before the Labour Court challenging the order of compulsory retirement dtd. 22/1/1999.

(3.) Petitioners filed written statement denied the averments made in the claim petition and it was contended that B.S.Byahatti serving as a driver since 18/11/1976 and he was compulsorily retired from service by an order dtd. 22/1/1999 and on medical grounds. Hence, the petitioners are not entitled for compensation or benefit or job on compensatory ground. There was inordinate delay in raising the dispute. Hence, prayed to dismiss the petition.