KARNATAKA ELECTRICITY BOARD BANGALORE Vs. PYARE JAN

JUDGEMENT

(1.) THE award of the Labour Court, Bangalore dated 7-7-1994 at Annexure-A, by which the reinstatement of two workmen, namely respondents 1 and 2, is directed with full back wages, with continuity of service and other consequential benefits, is sought to be quashed in this writ petition under Articles 226 and 227 of the Constitution by the employer Karnataka Electricity board (KEB ).

(2.) THE services of respondents 1 and 2, working at the relevant time as temporary meter readers, came to be terminated with effect from 25-5-1986. The workmen raised an industrial dispute in that regard, and the Labour Court found on facts that Section 25-F of the Industrial Disputes Act, 1947 (Act, for short) had not been complied with in full. Hence the impugned award.

(3.) THERE was an attempt of complying with Section 25-F of the Act. But, apart from the fact that notice-period wages and compensation payable under clause (b) of Section 25-F did not come to be paid on the very day of termination which happened to be a Sunday on which day cash section admittedly had not been working, but also that the amount exactly due under clauses (a) and (b) of Section 25-F were not paid, there being short fall of cash as a result of wrong calculation. The amount that was actually paid to the two workmen even subsequent to the date of termination was less,than what was payable under clauses (a) and (b) of Section 25-F. As said earlier, even this amount was not offered simultaneously with the order of termination. The result was that the Labour Court had necessarily to hold that there was noncompliance of Section 25-F of the Act.-