K M KRISHNAPPA S/O LATE MUNIYAPPA Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY LABOUR DEPARTMENT

JUDGEMENT

(1.) The petitioner is before this Court assailing the award dated 09.07.2004 in I.D.No.91/2002 and the award dated 08.06.2009 in Reference No.21/2016 impugned at Annexures-A and B to the petition.

(2.) The petitioner at the first instance claiming that he was a workman under the respondent herein and that he had been refused employment filed a petition under Section 10(4-A) of the Industrial Disputes Act, 1947 ('The Act' for short) in I.D.No.91/200 The Labour Court having noticed that the same was filed beyond six months from the date of the alleged refusal of employment, had dismissed the petition through the award dated 09.07.2004 as at Annexure-A. Since, the said rejection was essentially on the ground that it was barred by limitation as provided under the Proviso to Section 10 (4-A) of the Act, the petitioner thereafter raised a dispute and the conciliation having failed, the same was referred to Labour Court under Section 10(1)(C) of the Act which was thereafter registered as Reference No.21/2006. The Labour Court after having referred to the evidence tendered by the parties has rejected the reference. It is in that light, the petitioner is before this Court assailing both the awards in this petition.

(3.) Though a challenge is raised to the award dated 09.07.2004 in I.D.No.91/2002, since subsequently a reference has been made and the same has been entertained and a consideration on merits is made, award dated 09.07.2004 in any event being in conformity with the provision of law would not call for interference nor any discussion in that regard is necessary.