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2007 Supreme(Kar) 315

SUBHASH B.ADI
EXECUTIVE ENGINEER, PWD, BIDAR – Appellant
Versus
H. S. SHARASCHANDRA – Respondent


Advocates appeared
Sri Jagadish Mundargi, Additional Government Advocate for Petitioners;
M/s. M.C. Narasimhan Associates, Advocates for Respondent.

ORDER

This writ petition is directed against the award dated 18-5-2006 passed in Reference No. 282 of 2001 on the file of the Presiding Officer, Labour Court, Gulbarga.

2. On a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947, the Labour Court passed an award inter alia directing the respondents to reinstate the claimant into service as daily wage worker on prevailing daily wages within a period of 3 months from the date of award coming into force i.e., on its publication and denied continuity of service and back wages for any period.

3. The case of the respondent is that he is a graduate in Engineering and he has worked as a daily wage employee with effect from 16-6-1984 continuously till 1-9-1985 and he had completed 240 days of continuous service in a year and denial of work to him amounts to violation of Section 25-F of the Industrial Disputes Act and sought for conciliation of the dispute. On failure of the conciliation, the Conciliation Officer is stated to have reported the same to the Government and the State Government by its order dated 13-9-2001 referred the dispute to the Labour Court. The Labour Court on appreciation of the evidence held that the resp




























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