DIVISIONAL CONTROLLER Vs. SURESH

JUDGEMENT

(1.) Writ Petition No.65254/2010 is filed by the Corporation challenging the award dtd. 23/1/2010 passed in KID No.16/2008 passed by the Presiding Officer, Labour Court, Bijapur (hereinafter referred to as 'the Labour Court', for brevity). Writ Petition No.61021/2012 is filed by the Corporation challenging the order dtd. 18/10/2011 in Application No.28/2011 on the file of the Presiding Officer, Labour Court, Bijapur. The respondent in both these petitions, who is the delinquent, died during the pendency of the petitions on 30/11/2020 and the LRs of deceased delinquent were brought on record.

(2.) The factual matrix in Writ Petition No.65254/2010 is that, the petitioner Corporation has initiated departmental enquiry against the delinquent and after conducting enquiry, order of dismissal was passed and being aggrieved by the same, the delinquent has challenged the same in KID No.16/2008. The respondent - Corporation entered appearance and filed detailed objections. The Tribunal after considering the material on record allowed the claim petition in part and as such, order of dismissal dtd. 18/3/2008 was set aside and being aggrieved by the same, the respondent Corporation has preferred this writ petition.

(3.) Insofar as W.P.No.61021/2012 is concerned, the Corporation has initiated departmental enquiry against the delinquent and after full pledged enquiry, the Corporation has issued the order of dismissal dtd. 18/3/2008 and being aggrieved by the same, the delinquent has filed KID No.16/2008 which came to be allowed in part and as such, order of dismissal dtd. 18/3/2008 was set aside with a direction to the respondent - Corporation to reinstate the delinquent into service with continuity of service and consequential benefits. Thereafter, the delinquent has filed an application under Sec. 33C(2) of the Industrial Dispute Act, 1947 (hereinafter referred to as 'the ID Act ', for short) seeking wages from the Corporation and the Labour Court by order dtd. 18/10/2011, allowed the application in KID No.16/2008 in part and being aggrieved by the same, the Corporation has preferred this writ petition.