MANAGING DIRECTOR Vs. VIJAY B.BALIGAR

JUDGEMENT

(1.) W .P.No.10480/2007 is by the workman and W.P.No.18662/2007 is by the management, assailing an award dated 09.01.2007 passed in Reference No.92 of 2000 by the Additional Labour Court at Hubli. The Labour Court has accepted the reference in part, set aside the order of termination of service of the workman and has directed the management to pay compensation of Rs.50,000.00 to the workman in lieu of re-instatement.

(2.) THE case of the workman is that, he was appointed as a Civil Engineer on daily wage basis by the 1st respondent on 10.09.1984 and was stopped from the work with effect from 16.05.1985 without any reason and without compliance of section 25-F of I.D. Act, 1947. The Labour Court having found from Ex.W.3, that the workman raised the dispute before the Labour Commissioner for relief only in the year 1999 i.e., after delay of 14 years, though has set aside the order of termination, has moulded the relief, directing payment of compensation of Rs.50,000.00, by denying re-instatement into service and the attendant service benefits.

(3.) SRI N.M. Hansi, learned advocate appearing for the respondents, on the other hand submitted that, awarding of compensation by the Labour Court, despite it having held that there is a delay of 14 years in rising the dispute, is illegal. Reliance was placed on the decision in the case of State of Karnataka and another V/s Ravi Kumar, reported in 2009-III-LLJ-206(SC). He sought setting aside of the award, directing payment of compensation and to negate the order of reference.