NORTH Vs. BABA KHAN AND ORS

JUDGEMENT

(1.) This Writ Appeal is under section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 21st of June, 2011 passed by a learned Single Judge of this Court dismissing the Writ Petition No. 81222/2010 filed by the very appellant and declining to interfere with the Award dated 16.12.1999 passed in KID No. 271/1997 by the Labour Court, Bijapur.

(2.) There is a delay of 142 days in filing the appeal and application for condonation of delay is filed.

(3.) However, for dismissing the Writ petition this court had taken note of pending reference No. 126/2008 filed by the legal heirs of the workman of the appellant- Corporation, who had been directed to be reinstated into service under the impugned Award dated 16.12.1999. The workman himself was absconding for seven years and his whereabouts were not known, and therefore, the legal heirs had sought for further relief on the deemed presumption of death of workman and this was the subject matter of Reference No. 126/2008.