LAWS(KAR)-2022-11-897

VEEBROS FREIGHT CARRIERS Vs. N. S. CHALUVARAJ

Decided On November 16, 2022
VEEBROS FREIGHT CARRIERS Appellant
V/S
N. S. Chaluvaraj Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant at length.

(2.) The appellant, who was respondent No.2 before the learned Single Judge, has challenged the order dtd. 25/10/2021 passed in Writ Petition No.1374/2016 whereby, the petition filed by the petitioner/respondent No.1 herein was allowed. The award impugned in the writ petition dtd. 28/9/2015 passed by the III Additional Labour Court, Bengaluru was set aside by the learned Single Judge and the termination letter dated nil issued by respondent No.2/appellant to the petitioner was also quashed and the respondents were directed to reinstate the petitioner into service and restore all consequential benefits in favour of the petitioner within a stipulated period of six months from the date of receipt of a copy of the order passed by the Court.

(3.) The perusal of the order passed by the learned Single Judge clearly shows that the order is passed on two premises. Firstly, the learned Single Judge has recorded that the counsel for the respondents remained continuously absent and then, has allowed the petition on merits. The learned Single Judge specifically observes that the order of termination itself is wholly unsustainable on more than one ground. The said order placed on record at Annexure-A refers to one Mr.N.S.Chalavaraj. The termination order was passed on the ground that the petitioner failed to comply with the transfer order alleged to have been effected in his favour.