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2005 Supreme(SC) 492

N.S.HEGDE, B.P.SINGH, S.B.SINHA
Lal Singh Ram Singh Rajput – Appellant
Versus
Asstt. Executive Engineer – Respondent


Judgment

Santosh Hegde, J.—The termination of the appellant herein from the post of watchman without following the provisions of Section 25(F) of the Industrial Disputes Act, 1940 (The Act) came to be referred to the Labour Court, Bijapur. The Labour Court was pleased to allow the reference in part and directed the respondent to reinstate the appellant at the existing rate of wages. However, the other benefits like backwages, continuity of service and consequential benefits were not allowed. This award gave rise to two writ petitions. One by the first respondent herein challenging the award of the Labour Court directing reinstatement, this was done in writ petition No. 8794 of 1998 and another by the appellant - workman in Writ Petition No. 12089 of 1998 seeking the benefits of continuity of service and backwages. The High Court by its order dated 24.3.1998 dismissed the writ petition of the respondent herein even without issuing notice, at the stage of admission itself. The writ petition filed by the workman came to be allowed and the learned Single Judge directed the first respondent not only to reinstate the appellant-workman as directed in the award of the Labour Court but also










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