LUKES MEDICAL SOCIETY Vs. NAGAPPA

JUDGEMENT

(1.) This petition deserves to be allowed in the light of the observations of the five Bench Judge decision in KARNATAKA STATE ROAD TRANSPORT CORPN. V. SMT. LAKSHMIDEVAMMA AND ANOTHER, 2001 AIR(SC) 2090.

(2.) Petitioner arraigned as second party in KID No.166/2009 before the Presiding Officer, Labour Court, Gulbarga, filed a counter to the claim statement filed by the respondent, arraigned as first party, instituted under Section 10 (4-A) of the Industrial Disputes Act, 1947 (for short 'the Act') for reinstatement, backwages and continuity of service. In the counter the petitioner did not make a request to adduce evidence before the Labour Court in case enquiry was held invalid.

(3.) The Labour Court swayed by the three Judge Bench decision of the Apex Court in SHAMBU NATH GOYAL V. BANK OF BARODA, 1983 2 LLJ 415, observed that the decision of the two Judge Bench of the Supreme Court in DIVYASH PANDIT V. MANAGEMENT N.C.C. B.M., 2006 AIR(SC) 92, was not applicable and accordingly, rejected the memo by order dated 21.03.2011, Annexure-N. Hence, this writ petition.