WELCAST STEELS LTD. Vs. BANGALORE NEWSPAPER EMPLOYEES UNION

JUDGEMENT

(1.) THE appellant had a printing press engaged in printing newspapers for M/s. Bennett Coleman And Company Limited. It was taken over by the second appellant in the year 1994. The appellant employed Shri Basavaraj, Shri Venkatappa and Shri Lingappa as plate -makers. Their function was negative joining. They were functioning as such. Subsequently, the three workmen took a contention that negative joining was not their job and they abruptly stopped doing the work of negative joining, which they had been doing for the previous years. Hence, a show -cause notice was issued and they were suspended. After receiving the order of suspension, Shri Lingappa reported to work and continued to do the negative joining. The Management initiated domestic enquiry against Shri Basavaraj and Shri. Venkatappa.

(2.) SUBSEQUENTLY , on 13.05.1992, the suspension was revoked. In spite of revocation, the two workmen namely, Basavaraj and Venkatappa refused to work. They raised a disputed against the first appellant alleging that they were being forced to carry out the work of negative joining. The matter was referred to the Labour Court, Bangalore.

(3.) AGGRIEVED by the same, the appellant filed W.P. No. 5878/2006, wherein the learned single Judge by the impugned order allowed the writ petition in part. The legal representatives of the deceased Venkatappa were held to be entitled for compensation in lieu of reinstatement. The appellant was directed to pay 25% of the back wages . Aggrieved by the same, the present appeal is filed by the employer.