MYSORE PAPER MILLS LIMITED Vs. PRASANNA

JUDGEMENT

(1.) THE petitioner-Management has sought for issuance of writ of certiorari quashing the award passed by the Labour court, Chikamagalur in IDR No. 43/2004 dated 25. 3. 2008 directing the management to reinstate the respondent into service to his original post as per Annexure-A and for such other orders.

(2.) A reference was sought by the I party workman before the Labour court, Chikmagalur stating that the Management had terminated his services w. e. f. 1. 1. 2001 without any enquiry and without any notice and also without paying retrenchment compensation as contemplated under section 25-F of the I. D. Act. On the basis of the reference, the Labour court after enquiry, having referred to various contentions raised by the workman that he had put in 240 days of service in a year as such he has satisfied the requirement of Section 25-B of the I. D. Act has passed an award ordering to reinstate the workman. The respondent has worked from 1. 3. 1992 to 31. 12. 2000 without any interruption. The Labour Court, chikmagalur noting that the I party workman had satisfied the concept of section 25-B of the I. D. Act and refusing employment to him cannot be said to be legal, ordered the Management to reinstate the respondent to his original post, however, without back wages and that order has been challenged by the Management on various grounds.

(3.) HEARD the learned Counsel for the respective parties.