VIRUPAXAPPA Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) The petitioner / workman has approached this Court with the prayer to quash the endorsement at Annexure-C, dtd. 13/5/2014, issued by the respondent and consequently to direct the respondent to re-fix the salary considering his continuity of service and also extending consequential benefits forthwith and to pay the difference of wages from September-2013 till date.

(2.) Heard the learned counsel appearing for the parties.

(3.) Facts leading to filing of this writ petition, narrated briefly are, the petitioner was dismissed from service by order dtd. 14/7/2011 by the respondent - Management and the same was assailed by the petitioner before the Labour Court, Hubballi in proceeding bearing KID No.101/2011 invoking Sec. 10(4- A) of the I.D. Act . The Labour Court had dismissed the claim petition. Being aggrieved by the same, the petitioner was before this Court in W.P. No.64444/2012. A Co-ordinate Bench of this Court had disposed of the said writ petition by order dtd. 22/8/2012 and taking note of the fact that the order of dismissal was passed by the respondent - Management without complying of Sec. 33(2)(b) of the I.D. Act, had held that the order of punishment was inoperative and ineffective and accordingly had quashed the award passed by the Labour Court and had directed the respondent - Management to reinstate the petitioner into service. The submission made by the learned counsel for the petitioner - Workman that he would give up his entire claim for backwages was taken on record. Thereafter, the petitioner appears to have given a representation for refixation of his salary and considering the same, the impugned endorsement at Annexure-C, dtd. 13/5/2014 is issued by the respondent.