WORKMEN OF YELANDUR TALUK LAND MORTGAGE CO-OPERATIVE SOCIETY LTD Vs. YELANDUR TALUK LAND MORTGAGE CO OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution, the principal question that arises for decision is as follows : Where before dismissing an employee no domestic enquiry has been held by his employer but the Industrial Tribunal or the Labour Court upholds such dismissal on the basis of evidence adduced by the employer before it, is the employee entitled to get his salary or wages from the date of such dismissal till the date of the award or order of the Tribunal or the Labour Court upholding such dismissal ?

(2.) One C. M. Krishnamurthy was assistant secretary to Yelandur Taluk Land Mortgage Co-operative Society Ltd. (hereinafter referred to as the management), respondent 2 herein. The management terminated his services by its order dated November 15, 1967. His case was espoused by the Mysore District Employees Union which raised an industrial dispute. The Government referred under S. 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the following point of dispute for adjudication :

(3.) In this petition, Mr. S. Krishnaiah, learned counsel for the petitioner, contended that the Labour Court was in error in upholding the termination of the services of the employee. It was also contended by him that even if that finding was correct., the Labour Court should have directed the management to pay the salary and allowances to the employee from the date of termination of his services till the date of the award upholding such dismissal.