G YADI REDDY Vs. BROOKE BOND INDIA LIMITED

JUDGEMENT

(1.) This writ appeal by the unsuccessful workman is from the judgment in Writ Petition No. 13221 of 1987 dismissing his plea for quashing of the award passed by the Labour Court, Hyderabad, in I. D. No. 21 of 1985 answering in the negative his claim that his retrenchment as casual worker by the management of Brooke Bond India Limited (hereinafter referred to as 'the company') was illegal.

(2.) The appellant claimed that from 1969 to 1979 he was employed as a casual worker by the management of the company. He met with a motor accident on 24-4-1979, allegedly when he was on his way to the company, and the accident necessitated his hospitalisation for more than six months and his right leg was amputated. He reported for duty on 10-11-1981 but the management refused to give him employment. The conciliation proceedings initiated before the Assistant Commissioner of Labour ended in failure. Industrial Dispute No. 21 of 1985 was, therefore, taken up for adjudication by the Labour Court, Hyderabad, pursuant to the reference made by the State Government under Section 10(1) of the industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The reference as contained in G. O. Rt. No. 513 reads as follows :

(3.) Challenging the same, the appellant filed Writ Petition No. 13221 of 1987 which was dismissed by a learned single Judge affirming the view taken by the Labour Court. However, the learned single Judge made an observation, on humanitarian considerations, that the appellant may be considered for any suitable job. As the company has expressed its inability to provide the appellant with any job, the present appeal was brought.