BASANT TILES Vs. BASAPPA GADIGEPPA KUSUGAL

JUDGEMENT

(1.) The present Writ Petition has been filed by the Management of M/s.Basant Tiles against the workmen Mr.Basappa Gadigeppa Kusugal and Mr.Jambulingappa Basappa Hanagal, aggrieved by the order passed by the Labour Court, Huballi, in Reference No.17 of 2000 vide Annexure 'H' dated 09th November 2009 whereby the learned Labour Court held that the alleged oral termination from service of these two workmen by the petitioner-employer with effect from 07th August 1998 and 18th August 1998 was illegal and therefore, they were liable to be reinstated back in service with 70% of back-wages from the respective date of termination with continuity of service.

(2.) Learned counsel for the petitioner-Management Mr.Suresh S.Gundi, has pointed out that the same Labour Court had held vide interim order passed in the same Reference No.17 of 2000 at Annexure 'D' dated 24th March 2009, the domestic enquiry conducted against these two workmen to be fair and proper and the stand of the Management was that they were not orally terminated on 07th August 1998 and 18th August 1998 but a formal termination after holding domestic enquiry was passed terminating their service on 08th October 1999.

(3.) He further submitted that on the basis of the alleged oral termination on 07th August 1998 and 18th August 1998, the order passed by the Assistant Commissioner of Gratuity directing the payment of gratuity to these workmen was challenged by the Management by way of Writ Petition No.16031 of 2000, M/s. Basant Tiles Vs. B.G.Kusugal and Another and the High Court vide its order dated 26th July 2005, Annexure 'J' was pleased to allow that Writ Petition setting aside that gratuity payment order with the following observations: