N KRISHNAMURTHY Vs. MANAGEMENT

JUDGEMENT

(1.) WRIT petition by an employee who was working as passenger tyre operator in the respondent-management and whose services had come to be terminated as per order dated 16-11-1989 [copy at Annexure-G to the writ petition] by the management for the reason that he had remained unauthorizedly absent for a period of 30 days prior to that.

(2.) IN this regard, the petitioner-workman sought to raise a dispute and it appears ultimately the government had referred the matter in Reference No 160 of 1999 to labour court, Mysore. The petitioner-workman had placed certain materials before the labour court, particularly to claim that during the relevant period when he was absent from work, he was suffering from ailment and in support of the same, produced two medical certificates issued by medical officer at Mysore and another medical certificate issued by a doctor working in ESI hospital at Mandya.

(3.) APPEARING on behalf of the petitioner-workman, Sri S B Mukkannappa, learned counsel, has, apart from pointing out the demerits of the award, in particular, points out that the discretion vested in the labour court for exercising power under Section 11A of the Act has not been properly exercised nor has it been exercised in a sound manner and even without appreciating the material on record, the labour court has declined to exercise the power under Section 11A of the Act. Submission is that this court can also exercise the very power and can interfere with the award of the labour court in so far as it relates to the quantum of punishment is concerned.