MANAGEMENT OF EXPRESS Vs. BANGALORE NEWSPAPER EMPLOYEES UNION

JUDGEMENT

(1.) These intra-Court appeals seek to call in question a learned Single Judge's order dtd. 24/2/2023 whereby appellant's W.P.Nos.39947/2017 c/w W.P.No.20186/2016 (L-RES) have been dismissed. The challenge in those writ petitions essentially was to the award dtd. 28/4/2017 passed by the Industrial Tribunal, Bengaluru in I.D.No.77/2009 and to the award dtd. 27/11/2015 passed by the II Additional Labour Court, Bengaluru in I.D.No.11/2009. The net effect of these awards and the impugned order is the reinstatement of the workmen with full back wages.

(2.) The learned Senior Advocate appearing for the appellant -Management vehemently argued that the impugned order of the learned Single Judge is liable to be voided mainly on two grounds: going by the pleadings of the parties and evidentiary material placed on the record of the Labour Court/Industrial Tribunal, there was no case of retrenchment at all; the workmen themselves were at fault in not reporting back to duty despite repeated letters and requests; in any event, having on their own stayed away from employment, the workmen are not entitled to the award of full back wages. This aspect, according to him, having not been properly appreciated, there is error apparent on the face of the impugned order warranting it being struck down. In support of his contention, he presses into service a few decisions of the Apex Court.

(3.) Learned counsel appearing for the respondentworkmen vehemently opposes the appeals making submission in justification of the impugned order of the learned Single Judge and also the orders made by the Labour Court and the CGIT. He draws our attention to the fact that out of 47 workmen, 5 have expired and all others except 10 workmen who are reinstated, have been superannuated. He further contends that the intra-court appeals are not maintainable in view of a Seven Judge Bench decision of this Court in TAMMANNA vs RENUKA, ILR 2009 KAR 1207. Even otherwise, according to him, this Court cannot undertake a deeper examination of the matter when the CGIT and a learned Single Judge having examined all the aspects, have granted relief to the workmen.