ACC LIMITED Vs. MALLAREDDY

JUDGEMENT

(1.) The Petitioner is challenging the Award passed by the Labour Court by which the Labour Court has recorded a finding of fact that the Workman was working under the Petitioner till 2009 and that he was terminated illegally. The Labour Court has taken the view that the dismissal was illegal and it has proceeded to set aside the dismissal. It has therefore directed the reinstatement of the Workman and also awarded payment of Back Wages with a suitable post.

(2.) The case put forward by the Workman was that he had been employed by the Petitioner-Management as a helper in the year 2000 and while he was discharging his duty on 25/4/2008 a block of cement and iron rods fell on him and he was taken to the Hospital at Gulbarga by the Management and he was also shifted to Apollo Hospitals where he was an inpatient for about two months and he was also operated on his knee joint and rods were inserted into his knee joint. It was his case that after he was discharged from the Hospital, he was advised to take bed rest for three months and as a consequence he could not attend his earlier work.

(3.) It was his further case that he thereafter approached the Petitioner Management and requested them to provide him with an alternative employment, which he was capable of doing. It was also his case that the Petitioner-Management took him back on duty and gave him an alternative employment for about three to four months but thereafter the Petitioner Management did not regularize his services.