THE MANAGING DIRECTOR, Vs. VITTAL

JUDGEMENT

(1.) This writ petition has been filed by the Karnataka State Coir Development Corporation (for short, 'the Coir Board'), against the workman Vittal S/o Rama Harikantra, aggrieved by the order and award dated 3.6.2009 passed by the learned Addl. Labour Court, Hubli, in Reference No.44/1998, which had set-aside the impugned termination order of the respondent workman dated 7.12.1993, but instead of directing for re-instatement, it has directed the payment of lumpsum compensation to the tune of Rs. 50,000.00 to the respondent workman.

(2.) The Employer-Coir Board aggrieved by the same has filed this writ petition.

(3.) Learned counsel, Sri. Mallikarjunswamy B. Hiremath, appearing for the petitioner Coir Board has contended before this Court that firstly, the Coir Board is not an 'Industry' and he relied upon the decision of the Honourable Apex Court in the case of Coir Board, Ernakulam, Cochin and Another Vs. Indira Devi P.S. and Others, reported in (1998) 3 SCC 259 and submitted that the matter is yet to be decided by the larger Constitution Bench to reconsider the correctness of the tests laid down in the case of Bangalore Water Supply & Sewerage Board Vs. A. Rajappa, (1978) 2 SCC 21