TALUKA PANCHAYATH ATHANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant in this appeal is the Taluka Panchayat, Athani, Belgaum District. In this appeal, the appellant has called in question the correctness of the order dated 21st August 2000 made in W.P.No.19437/2000 c/w W.P.No.8756/2000 passed by the learned Single Judge and also the award dated 17th August 1999 made Reference No.49/1997 by the Court of the Addl. Labour Court, Hubli.

(2.) THE facts in brief may be stated as hereunder: THE fourth respondent " workman (hereinafter referred to as "the workman") raised an industrial dispute before the Labour Court inter-alia contending that he had worked as a Work Inspector in the appellant " Taluka Panchayat (hereinafter referred to as "the Panchayat") during the period from 26th September 1983 to 3rd March 1984, in all for a period of 266 days and he was removed from service by the appellant w.e.f. 3rd March 1984 without complying with the provisions of Section 25-F & O of the Industrial Disputes Act (hereinafter referred to as "the Act"). Before the Labour Court, the Panchayat was not made as a party; instead, the Block Development Officer (hereinafter referred to as "the B.D.O".) was made as the sole respondent. THE B.D.O though had engaged a Government Pleader, did not file any statement of objections disputing the claim made by the workman. However, the Government Pleader cross-examined the workman with regard to his assertion that he has put in 266 days of service in the establishment of appellant. THE trend of the cross-examination indicates that the workman had voluntarily left the service and he was not removed from service.

(3.) HAVING elaborately heard the rival contentions advanced by the learned Counsel appearing for the parties, the only question that would emerge for consideration is as to whether the impugned order passed by the learned Single Judge as well as the award passed by the Labour Court calls for interference?