MANAGING DIRECTOR Vs. GHANMATHSWAMY

JUDGEMENT

(1.) In this writ petition, the Corporation has called into question the order dtd. 24/7/2018 vide Annexure-C passed by the Labour Court, Kalaburagi in Ref.No.1/2018 whereby the punishment of dismissal order passed by the Corporation has been modified.

(2.) The brief facts of the case are that the respondent was working as a Technical Assistant in the petitioner - Corporation, he was unauthorisedly absent from duty from 1/3/2015 to 30/7/2015 for a period of 152 days without taking any permission from the higher authorities and without filing any leave application. Therefore, the Corporation has initiated departmental enquiry against the respondent - workman. The charges against the respondent has been proved and he has been dismissed from the service.

(3.) Being aggrieved by the same, the workman has filed a reference petition before the Labour Court in Ref.No.1/2018 under Sec. 2(A)(2) of the Industrial Disputes Act, 1947. The Labour Court by order dtd. 24/7/2018 has partly allowed the reference petition and modified the dismissal order passed by the petitioner - Corporation. Being aggrieved by the same, the Corporation is before this Court.