KLJA KIRAN BABU Vs. MANAGEMENT OF THE HEWLETT

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 26.12.2012 in I.D. No. 1/2012 (Old No. I.D. 10/2008) passed by the Labour Court at Bangalore. Petitioner contends that he was an employee of respondent and he was illegally terminated from service on 30.7.2007. Aggrieved by this order of termination the petitioner approached this court in W.P. No. 2028/2007 and the same came to be rejected as not maintainable and reserved liberty to the petitioner to approach the appropriate forum for appropriate relief in accordance with taw. Thereafter, the petitioner raised a dispute in I.D. No. 10/2008 on the file of the Labour Court at Bangalore under Section 10(4-A) of I.D. Act. Respondent entered appearance and filed objections inter alia contending that petitioner is not a workman. During the pendency of the proceedings before the Labour Court, petitioner filed an application seeking withdrawal of the dispute. Accordingly, the Labour Court vide order dated 7.2.2009 dismissed the dispute as withdrawn. Thereafter the petitioner filed W.P. No. 1538/2011 and the same came to be dismissed vide order dated 7.2.2011. Aggrieved by this order, petitioner filed an appeal in W.A. No. 1008/2011. The Division Bench disposed the writ appeal vide order dated 8.3.2011 with observation as under:

(2.) Thereafter the petitioner filed an application I.A. No. 14 before the Labour Court for revival of dispute in I.D. No. 1/2012 (Old No. 10/2008). Under the impugned order, the Labour Court dismissed the application as not maintainable and also on merits.

(3.) Heard petitioner party-in-person and learned counsel for the respondent and perused the entire writ papers.