SOUTHERN RODWAYS PVT LTD Vs. K PADMANABHAN

JUDGEMENT

(1.) THE petitionersouthern Roadways, Ltd. has presented this writ petition praying for quashing the award of Labour Court, bangalore, dated 28 January 1976, (exhibit G), under which the Labour Court has directed reinstatement of respondent I in the service of the petitioner and for payment of 25 per cent of the back-wage.

(2.) THE brief facts of the case are these: Respondent I was working as a clerk on the establishment of the petitioner. On 17 August 1972, he was charged with an allegation that he committed theft of a woollen rug and on the same day he tendered resignation. Respondent I having taken the stand that the resignation was secured by force and it was not given voluntarily, the dispute between the petitioner and respondent I resulted in an industrial dispute, and the State Government, by its order, dated 15 July 1973, referred the following question to the Labour Court, bangalore:

(3.) THE petitioner and respondent I filed statements before the Labour Court and the Labour Court by its award, dated 28 January 1976, held that the petitioner-management was not justified in refusing the employment to respondent 1 on the plea of alleged resignation. The Labour court directed that respondent 1 is entitled to relief of reinstatement to his former post with continuity of service and 25 per cent of the back-wages.