BHARAT EARTH MOVERS LTD Vs. H N DHANAPAL

JUDGEMENT

(1.) The case of the workman is that he was selected as an 'Apprentice-Trainee' with Bharat Earth Movers Limited, Mysuru, on 14.10.1995 and had to undergo training for a period of one year. While undergoing training, due to an accidental injury his right thumb was amputated. He requested for a lighter work. The same was granted. Without any reason on 01.04.2003, the management refused to provide work to him.

(2.) The dispute was brought under Section-10- 4(A) of the Industrial Disputes Act, before the Labour Court. By the impugned order, the Labour Court allowed the dispute in part and directed the Management to reinstate the workman to service, to the post last held by him at the time of his termination and also directed payment of 25% backwages from the date of termination till his reinstatement.

(3.) Questioning the grant of reinstatement and backwages, the Management has filed W.P.No.34892 of 2009. Seeking enhancement of backwages the workman has filed W.P.No.18612 of 2010.