DHARWAD ZILLA PANCHAYAT CHARWAD Vs. A FAIROZKHAN

JUDGEMENT

(1.) THIS intra-court appeal is filed by the petitioner in W. P. No. 43368 of 1999 wherein the learned single judge has confirmed the award dated May 17, 1999 made in reference No. 37 of 1995 by the labour court, a copy of which has been produced as Annexure-F in this appeal. The labour court by its award at Annexure-F directed the respondent to be reinstated into service with continuity of service, but without back wages.

(2.) THE brief facts that are relevant for the disposal of this appeal May be stated as hereunder: the respondent sought a reference under Secrion 10 (4) of the industrial disputes act (hereinafter referred to as 'act' ). The following points were referred for adjudication to the labour court: " 1. Is the management committee justified in terminating the services of the applicant Sri fairozkhan, bellary from July 8, 1992 ? 2. If so what is the compensation the employee is entitled to?"

(3.) THE claim statement which was filed, stated that the respondent was working as a watchman since March 28, 1989 and he was a sincere and permanent worker and continuously worked from March 28, 1989 till June 8, 1992 on which day his services were terminated abruptly. It is the case of the respondent that he was neither issued with the notice of termination nor any enquiry was conducted nor any retrenchment compensation was paid to him by the appellants; and he was issued with the Orderof removal on June 8, 1992 and the said Orderwas against the principles of natural justice and hence, illegal. It is his further case that the appellants extracted work even on weekly holidays and on festival holidays; and no proper wages were paid to him for the said period. It is also his claim that in spite of the representations given to the appellants, setting out the injustice done to him, since no action was taken, he was compelled to raise the dispute.