MANAGING DIRECTOR, NORTH WEST KARNATAKA STATE ROAD TRANSPORT CORPORATION, HUBLI Vs. ABDULRAZAK IMAMUDDIN HUTAGI

JUDGEMENT

(1.) IN this petition, the primary contention of the petitioner put forth by Smt. H. R. Renuka, appearing for the petitioner, is that the Labour Court, Bijapur (hereinafter referred to as the Labour Court for short) having held that the workman had not established that he was on authorised leave, had failed to prove that the findings at the enquiry were incorrect. However, the Labour Court has proceeded to take a lenient view of the fact that the workman had put in 30 years of service and is likely to be superannuated even during the pendency of the proceedings, has proceeded to award 50% back -wages from the date of claim statement, with continuity of service and other terminal benefits. Smt. Renuka would submit that the Court having found against the workman, could not have rewarded him with benefit as awarded. In any event, the question of awarding back -wages, would not arise at all and that he is not entitled to any benefit, as held by the Apex Court and this Court in several judgments.

(2.) PER contra, Smt. Poonam S. Patil for Sri. Prabhulinga K. Navadagi, appearing for the respondent, would contend that it cannot be denied that there was a medical certificate produced by the workman to indicate that he was ill during the period of time and the fact that he had not made application for leave for absence at the proper time, ought not to be held harshly against the workman, especially having regard to the fact, as found by the Labour Court, he has put in thirty years of unstinted service and therefore was entitled to compensation as awarded by the Labour Court.

(3.) HENCE , the petition deserves to be allowed and it is accordingly allowed. The impugned order of the Labour Court is set aside to the extent that it directs payment of 50% back -wages. In so far as the other benefits are concerned, the order is left undisturbed. No order as to costs.