LAWS(KAR)-2018-4-364

K MANJUNATHA Vs. DISTRICT REGISTRAR OF REGISTRATION

Decided On April 06, 2018
K Manjunatha Appellant
V/S
District Registrar Of Registration Respondents

JUDGEMENT

(1.) In these writ petitions the petitioners have prayed for a writ in the nature of certiorari quashing the award passed by the Labour Court, Mysuru in Reference No.89/2003 dated 13.01.2010 at Annexure-F and consequently direct the respondents to re-instate the petitioners with all consequential benefits.

(2.) The case of the petitioners is that they were working on daily wage basis in the 1st respondentestablishment and they so worked continuously for more than 240 days. Thereafter their services came to be illegally terminated on 01.07.1996, 30.08.1997 and 009.1997, respectively, without payment of any compensation or issuance of any notice. Aggrieved by the said action of termination, the petitioners approached the Labour Court. The Labour Court came to a conclusion that these petitioners were not workmen as defined under Section 2(s) of the Industrial Disputes Act, 1947 (for short 'Act'). It is case of the petitioners that they should not have been terminated from their services.

(3.) In support of their case, the petitioners got examined themselves as WW1 to WW3, respectively and got marked Exs.W1 to W6 The respondents on their behalf got examined one witness as MW1 and marked documents at Exs.M1 to M7. The Labour Court opined that the petitioners have not established their case and in fact, the 1st respondent - II party is not an "industry".