BIESSE MANUFACTURING CO. LTD Vs. OMKARAMURTHY, T.G

JUDGEMENT

(1.) Respondent was appointed as ITI Technician Trainee for a fixed term of one year from 13/9/2010 on the terms and conditions that "your engagement will be for a fixed term period of 12 months from the date of your reporting for duty. During the period of your engagement, your service are liable to be terminated by giving 15 days' notice on either side or 15 days salary in lieu of notice. However, if you are found guilty of misconduct, you are liable to be dismissed without notice or payment in lieu of notice". Respondent accepted the appointment on terms and conditions stipulated in the Appointment Order, the training of the Respondent was extended from time to time, since his performance was not satisfactory, the period of training was not renewed beyond 24/9/2013.

(2.) Respondent raised dispute which came to be referred for adjudication by the Labour Court on the following points of dispute:

(3.) Respondent filed Claim Statement seeking to set aside the Order of Termination and grant him the relief of reinstatement along with all benefits. The Petitioner-Management filed objections/Counter Statement resisting the claim of the Respondent, the Labour Court by the impugned Order set aside the Order of Termination and directed the Management to reinstate the Respondent with continuity of service and all other consequential benefits for the purpose of terminal benefits, however, the Labour Court held that the Respondent is not entitled for Back Wages.