PRABHAKAR SHANKAR KULKARNI Vs. JAYANTRAO TILAK

JUDGEMENT

(1.) Prabhakar Kulkarni, a journalist, residing at Kolhapur, was working as a part -time correspondent to various newspapers including Kesari published by the Kesari Maratha Trust from Pune. Kulkarni worked as a correspondent of Kesari from Kolhapur from Nov. 1962 and alleges that on 25th Dec., 1974, his services were terminated without notice. The Labour Court, Kolhapur in Reference (IDS) No. 107 of 1976 concluded that the termination of the employment of Kulkarni by the Kesari Maratha Trust with effect from 21st Dec. 1974 was illegal and ordered that the employer should pay Rs. 390/- as notice pay, Rs. 780/- as retrenchment compensation and a like amount as compensation for loss of employment and costs, but rejected the prayer for reinstatement and back wages. Aggrieved Kulkarni has challenged this award by the present writ petition.

(2.) According to Shri Kamerkar, the learned counsel for the Petitioner, the termination of the services of the Petitioner was malafide because he did not oblige the Trust in signing a certificate about inflated figures of sales circulation in Kolhapur District and that the Petitioner was entitled to full back wages and reinstatement.

(3.) After hearing arguments and after perusing the admission of Kulkarni that he was working on a retainer basis for some newspapers other than Kesari such as Free Press Journal, Samachar Bharati and Navshakti but that he had an obligation that news covered by him should not be sent to any other newspaper which is competing with and which is rival newspaper of Kesari such as the Sakal and Tarun Bharat published from Pune, we arc afraid the very basis of the reference to the Labour Court is rendered doubtful.