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2013 Supreme(SC) 1174

H.L.GOKHALE, RANJAN GOGOI
Director of Horticulture – Appellant
Versus
H. A. Kumar – Respondent


Advocates:
Advocate Appeared:
For Appellant : Ms. Anitha Shenoy, Vishruti Vijay, Ms. Neha Singh and Sanjay R. Hedge
For Respondents: Dr. Rajeev Sharma, Raghuvir Sharma, Vipin Kumar Sharma, Bhanwrpal Singh and Dharmendra Sharma

Order :

1. Heard Ms. Anitha Shenoy, learned Counsel in support of this appeal and Dr. Rajeev Sharma, learned Counsel for the respondent.

The civil appeal seeks to challenge the order passed by the Karnataka High Court dated 21st March, 2006, in Writ Petition No. 35885 of 2001, whereby the High Court has allowed the writ petition filed by the respondent herein and directed reinstatement of the respondent without any back wages with continuity of service.

The short facts leading to the case are as follows:

The respondent, who was working as daily rated Lab Assistant with the Horticulture Department, Zila Panchayat, was terminated from service on 31st December, 1990. He raised an industrial dispute rather belatedly. The Labour Court, declined to entertain the Reference. The respondent carried the matter to the High Court. The High Court considered mainly the issue that the respondent worked for more than 240 days in the year preceding to his termination and that he was not given either the notice nor retrenchment compensation. The High Court, therefore, directed reinstatement though without any backwages. Hence, this appeal by way of special leave.

2. From the records, it is seen that leav

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