RAVI GRAPHICS OFFSET PRINTERS Vs. K.CHANDRASHEKAR

JUDGEMENT

(1.) Sri.Naveen.J.N., learned counsel behalf of Sri.A.Nagarajappa., for petitioner has appeared in person.

(2.) The brief facts of the case are stated as under: It is stated that the respondent filed a Claim Petition under Sec. 10(4- A) of the Industrial Disputes Act before the Labour Court alleging that the respondent is working in the petitioner Management as Operator since 15/12/2000 and he was paid Rs.2,500.00 per month (Rupees Two Thousand Five Hundred only). On 17/3/2007 the petitioner refused employment to the respondent without any reason, hence the respondent approached the Labour Court seeking direction to the petitioner to direct the petitioner to permit the respondent to work with full back wages, continuity of service and all other consequential benefits. The petitioner appeared before the Labour court and filed counter statement denying the allegation made by the respondent in the Claim statement. Further the petitioner taken a stand that the respondent himself tendered resignation to the post held by him on 24/1/2007 and the same came to be accepted by paying all financial benefits to the respondent. Hence, the question of reinstatement does not arise. The petitioner produced the Attendance and Wages Register for the Month of December 2000, January 2007, Salary sheet for the month of January 2007 and resignation letter of respondent dtd.:24/1/2007 along with the list of documents to substantiate the stand taken by the petitioner. During the pendency of the matter before the Labour Court an application was filed by the respondent to examine the signature of the respondent with admitted one and disputed one. The said application was allowed and the signatures were sent to the handwriting expert and the handwriting expert given opinion that the disputed signature is not made by the person who made the admitted and specimen signature. To the said report the petitioner filed his objections. The Labour court after hearing both the parties failed to appreciate the contention put forth by the petitioner and proceeded to pass award directing the petitioner to pay 50% of wages for the period form 17/3/2007 to 20/7/2011 by way of back wages and also all the admissible monetary benefits such as PF, Gratuity and continuity of service within one month from the date on which award becomes enforceable. Under these circumstances having left with no other alternative, efficacious remedy, petitioner preferred this Writ Petition under Article 227 of the Constitution of India.

(3.) Learned counsel for petitioner has urged several contentions.