SKAND PVT. LTD. Vs. M. MASTHAN

JUDGEMENT

(1.) THIS writ petition is filed challenging the award dated 16.05.2006 passed by the Labour Court, directing reinstatement of the respondent -workman with 70% back wages from the date of termination till the date of reinstatement with continuity of service and all other consequential benefits.

(2.) FACTS as emerge from the pleadings and the impugned award disclose that respondent -workman joined the services of the petitioner -management during 1996 as Excavator Operator. According to him, he had proceeded on leave with effect from 29.12.2000 for Ramzan festival; as he fell ill, he sought extension of his leave upto 03.01.2001. Having availed the leave, he came to report for duty on 04.01.2001. But the management did not allow him to resume duties and thus refused employment to him; although he made several attempts to report for duty, he was not permitted, therefore, he approached the Conciliation Officer, Ballari, where the management contended that the workman had been transferred to Kakoda Industrial Estate, Goa, with effect from 27.12.2000, but had failed to report for duty. According to the workman, there was refusal of work by the management with effect from 04.01.2001 which was illegal, unjust and arbitrary and tantamounted to retrenchment. He also contended that no such order of transfer was served on him and he did not receive any notice or memo.

(3.) BOTH parties let in evidence. The management examined Assistant General Manager (Accounts) as MW -1. Exs. M -1 to M -8 were produced and marked, which are copies of transfer order, notices issued and also postal receipts evidencing dispatch of certain letters under certificate of posting to the address of the workman. The workman examined himself as WW -1.