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2009 Supreme(SC) 214

MARKANDEY KATJU, R.V.RAVEENDRAN
State of Karnataka – Appellant
Versus
Ravi Kumar – Respondent


JUDGMENT :

Leave granted. Heard the learned counsel.

2. The respondent claims that he was appointed as a cleaner on daily wage basis on 26.10.1979 in the office of the Assistant Executive Engineer, MLB Canal Ramdurg Sub-Division. According to him he continued as a daily wager till 14.11.1984 when his services were dis-continued without any written order.

3. The respondent did not protest nor challenge the alleged termination. After 14 years he filed a writ petition before the High Court seeking a declaration that his termination from service was in violation of Section 25-F of the Industrial Disputes Act, 1947(Act for short) and for re-instatement as a cleaner with back wages from the date of his termination till date of reinstatement with continuity of service and other consequential benefits. The learned Single Judge of the High Court by order dated 16.3.1998 dismissed the writ petition as not maintainable, with an observation that the respondent may give a representation to the State Government and the State Government may consider whether the dispute should be referred under Section 10(1) (c) of the Act.

4.Taking advantage of the said observation, respondent sought reference and




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