MANAGEMENT Vs. M VENKATACHALAIAH

JUDGEMENT

(1.) Aggrieved by the order of the learned Single Judge dated 02.03.2016 passed in W.P. No.7634 of 2008, whereby the learned Single Judge has dismissed the writ petition, the writ petitioner has preferred the instant writ appeal.

(2.) The parties will be referred to as per their ranking in the writ petition before the learned Single Judge.

(3.) Brief facts of the case are as under: The respondent-Workman was appointed by the petitioner on 01.10.1986 as an Office boy. While he was thus working, he claims to have developed back pain due to which he could not attend the work regularly. He also underwent treatment. Thereafter, when he recovered and sought to report to duty on 06.03.1995, he was not permitted to work. Hence, the respondent- Workman filed a complaint before the Labour Commissioner. The petitioner-Management, in reply, contended that the question of refusal of work does not arise as the respondent-Workman had tendered his resignation on 17.03.1995. The conciliation was not taken up and the same did not proceed to its logical conclusion. In the circumstance, the respondent- Workman raised a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947, (hereinafter referred to as 'I.D. Act') in I.D. No.38/1995 before II Additional Labour Court, Bangaluru (hereinafter referred to as 'Labour Court') with regard to the refusal of employment and the Labour Court framed the following issues: