RUKMINIBAI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This appeal is directed against the order in W.R. No. 81584/2010 dated 6.4.2011 whereby the Learned Single Judge has allowed the writ petition and has set-aside the order passed by the Labour Court, Gulbarga, in Ref. No. 50/2006 dated 25.9.2009. Brief facts necessary for disposal of this appeal are as under:

(2.) The appellants again raised an industrial dispute before the competent authority. Since the conciliation failed, the matter was referred to the Labour Court, Gulbarga, for adjudication wherein it was numbered as Ref. No. 50/2006. The Labour Court by Order dated 25.9.2009 has allowed the reference in part. The order of dismissal of the workman was set-aside and the Corporation was directed to pay the terminal benefits to the appellants.

(3.) The Corporation challenged the said order by filing a writ petition before this Court in W.P. No. 81584/2010 mainly on the ground that the reference made by the State Government under Section 10(1)(c) of the Act was incompetent inasmuch as the Labour Court had already dealt with the matter on merits. Accepting the said contention, the Learned Single Judge has allowed the writ petition by Order dated 6.4.2011 and has quashed the award of the Labour Court in Ref. No. 50/2006 dated 25.9.2009.