R NAGARAJ Vs. M/S SRIKANT THEATRE

JUDGEMENT

(1.) WRIT Petition No.15755/06 is filed by the workmen challenging the award passed by the Industrial Tribunal, Hubli in case Nos.ID 98-100/2003, contending that denial of order of reinstatement to them as bad in law. Writ Petition No.5002/05 is filed by the Management challenging the order passed by the Industrial Tribunal, Hubli in the aforesaid cases in directing the Management to pay the backwages from the date of dismissal till the date of the award. Therefore, these matters are heard together.

(2.) THE admitted facts are as hereunder: The 1st petitioner ­ employee was appointed as a Film Operator under the respondent-Management with effect from 1st August 1996. The 2nd petitioner also joined the service under the respondent as a gate keeper from 27th September 1977. The 3rd petitioner also joined the respondent with effect from 31.12.1977 as gate keeper. On 26th September 1999 there was an altercation between one Hanumanthappa who was a sweeper and Veeranna who was an employee of the lessee of the theatre. When Veeranna caught hold of the shirt of sweeper, Hanumanthappa, the petitioners herein with an intention to prevent Veeranna from beating Hanumanthappa ran to the spot and there was some galata between the petitioners and Veerana. According to the petitioners, they have not assaulted Veeranna, but according to the Management he was assaulted, in the process they were dismissed from service. Contending that the dismissal of service of them by the respondent- Management is bad in law, dispute was raised. The Tribunal considering the evidence let in by the parties came to the conclusion that since the Management has sustained heavy loss and theatre is not running, denied reinstatement of service to the petitioners and however an order was passed directing the Management to pay the full backwages of the three persons from the date of termination till the passing of the award. The award was passed on 14.10.2004.

(3.) AFTER hearing the learned counsel for the parties, what is to be considered by this court is: