THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE AND HORTICULTURE, BENGALURU AND ANOTHER Vs. MARASHETTY

JUDGEMENT

(1.) The petitioners-State Government filed the present writ petition against the award dated 9-8-2010 made in I.I.D. No. 217 of 1999 on the file of the Labour Court, Mysuru, allowing the petition filed by the respondent-workman under Sec. 10(4-A) of the Industrial Disputes Act, 1947 (for short, T.D. Act'), directing the Government to reinstate the respondent into service to the same post, which he has held as on the date of his termination, that is, on 1-10-1999, with 50% back wages from the date of 1-10-1999 till he is reinstated.

(2.) The respondent raised an industrial dispute under Sec. 10(4-A) of the I.D. Act, contending that, he was appointed as a watcher in the Office of the Project Director, Dry Land Development Board, Nanjanagud Taluk on daily wage basis on 1-9-1988 and while working in the said office, without any complaint he was illegally terminated on 1-10-1999 that is after lapse of ten years. It was his contention that, before his termination, no notice was issued and according to him he has worked continuously for more than 240 days. The termination was in violation of Sec. 25-F of the I.D. Act. In the Government Circulars dated 13-10-1992 and 6-1-1999 the concerned Officer was instructed not to retrench any daily wager appointed after 1-7-1984.

(3.) After contesting, the Tribunal recorded a finding of fact that the State Government was not justified in terminating the services of the respondent and therefore, he is entitled to 50% of back wages with reinstatement. Accordingly, the Tribunal passed the impugned award on 9-8-2010. Hence, the present writ petition is filed.