LAWS(KAR)-2005-7-25

SUNIL Vs. MANAGEMENT OF KIRLOSKAR ELECTRIC COMPANY LTD

Decided On July 20, 2005
SUNIL Appellant
V/S
MANAGEMENT OF KIRLOSKAR ELECTRIC COMPANY LTD. Respondents

JUDGEMENT

(1.) THE petitioner joined the services of the respondent company in the year 1980 as a stipendary trainee. After the completion of the training he was continued as a clerk and was put on probation for a period of one year. After probation he was confirmed in the permanent post. The services of the petitioner came to be terminated on the ground of his unauthorized absence in spite of a call notice being given to him to report to duty. The said order of termination was challenged by the petitioner before the Labour Court by filing an application under Section 10 (4-A) of the Industrial Disputes Act. After contest the Labour Court set aside the order of termination, directed reinstatement and granted 50% back wages. Aggrieved by the said award of the Labour Court, the respondents preferred a Writ Petition before this Court in W. P. No. 24375/1999. This Court observed as under:

(2.) AGGRIEVED by the said award the respondents preferred a Writ Appeal which also came to be dismissed. When the said award of the Labour Court was not implemented the petitioner was constrained to file a contempt petition. On such contempt petition being filed, the award has been obeyed by the respondents. It is thereafter the petitioner has preferred this Writ Petition against the award of the Labour Court regarding the portion where he was denied 50% back wages.

(3.) RESPONDENTS are served. They are represented by a Counsel.