A LOKESH Vs. OTTO BLIZ (INDIA) PVT LTD

JUDGEMENT

(1.) W.P. No.16297/2015 is filed by the workman/petitioner challenging the award dated 2211.2014 passed by the Presiding Officer, Principal Labour Court, Bengaluru in I.D. No.37/2013 at Annexure - A to the extent it denies reinstatement with full back wages, continuity of service etc. W.P. No.4477/2015 is filed by the Management against the workman challenging a portion of the award dated 22.11.2014 passed by the Principal Labour Court, Bengaluru in I.D. No.37/2013 i.e., in so far as directing the Management to offer fresh appointment to the respondent (Annexure - S).

(2.) The petitioner was illegally dismissed by the management by order dated 18.06.2013. He had joined the services with effect from 110.1995. He had put in 18 years of honest and unblemished service. On 23.02013, the supervisor of the management directed him to work in the general shift commencing from 8:15 a.m., to 4:45 p.m., before that he was working in first or second shift. He pleaded his difficulty before the supervisor and he also narrated that it will cause inconvenience and hardship to his school going children if he were to work in the general shift. His explanation was not accepted and he was insisted upon to work in the general shift. When he refused to work in general shift, the management started harassing him and forcing him to leave the job.

(3.) It is the case of the petitioner that on 001.2013, the management served on him warrant letter stating that he was absent for 38 days during 2012. He submitted explanation for his absence. He pleaded that illness prevented him from attending the work and the reason was beyond his control. He had taken treatment in Doddaballapura Health Services, Government Hospital, Doddaballapura and he was medically advised rest for 2 to 3 weeks. He produced the medical certificate for consideration by the management and prayed for sanctioning of leave. He also submitted medical certificate dated 21.02013 of K.C. General Hospital, Bengaluru. The management served chargesheet-cum-call notice on him dated 01.02013 and he submitted explanation. Not being satisfied he was called upon to attend domestic enquiry on 27.0201 He submitted that he has not received two letters said to have been sent by the management. When he received the letter dated 10.04.2013 from Sri. Srinivasa. N., he submitted his explanation that he was not keeping good health and was advised rest. Still the management proceeded with the domestic enquiry placing him exparte. Ultimately, the respondent passed order of dismissal dated 18.06.201 He gave representations on 01.07.2013 and 007.201