BINNY, LTD. Vs. LABOUR COURT, BANGALORE, AND ANOTHER

JUDGEMENT

(1.) In this petition, the Management of Binny Limited has prayed for quashing the award of the Labour Court, Bangalore, directing reinstatement of the second respondent into service with effect from 30th June, 1977, with continuity of service and full back-wages and other consequential benefits.

(2.) The facts of the case, in brief, are as follows : The 2nd respondent was a workman in the service of the petitioner. On 21st June, 1977, he was arrested by the Police on a charge under S. 120(b) read with Sections 489(a) and (b) of the I.P.C. and as a result, he could not attend to his duties on and after 21st June, 1977. Thereafter, he was continuously in judicial custody. The 2nd respondent however, informed the petitioner through his counsel that as he had been in judicial custody, he was unable to attend to his duties. He was released on bail on 14th July, 1977. Immediately thereafter, the 2nd respondent addressed a letter to the petitioner informing him of the fact of his release on bail and requesting the petitioner to take him back to duty. The petitioner, however, did not accede to the request of the 2nd respondent. The 2nd respondent had been charge-sheeted along with 9 others. by judgment dated 24th April, 1978, of the Session Judge, Metropolitan Area, Bangalore, while all the other accused were convicted, the 2nd respondent was honourably acquitted. There was no appeal against the acquittal and the said judgment became final. Immediately thereafter, he addressed a letter dated 27th April, 1978, to the petitioner informing of his acquittal and requesting it to take him back to duty. The petitioner by its letter dated 8th May, 1978, rejected the request of the 2nd respondent. The letter (Ex. M filed before the Labour Court) reads thus :

(3.) The plead of the petitioner is as follows :