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1999 Supreme(Kar) 410

G.PATRI BASAVANA GOUD
KANTHRAJ A. N. – Appellant
Versus
ASSISTANT EXECUTIVE ENGINEER – Respondent


G. PATHRI BASAVANA GOUD, J.

( 1 ) THE petitioner had been working with the first respondent on daily wages since November 1, 1992. He was retrenched from service on April 1, 1994. He raised an industrial dispute in that regard contending that the retrenchment was illegal. That dispute was referred to the Labour court, Chikmagalur, by the order of the State Government dated February 16, 1995 under section 10 (1) (c) of the Industrial Disputes Act, 1947 ('act' for short ). On adjudicating the said industrial dispute, Labour Court, Chikmagalur, by its award dated January 3, 1996 at annexure-A, held the retrenchment as illegal and directed the first respondent employer to reinstate the petitioner into service with continuity of service but without back wages. The operative portion of the award reads thus:

"reference is accepted partly. IInd party Management is not justified in refusing the work to the 1st Party workman with effect from April 1, 1994. The order refusing the work to the 1st party workman by the IInd party Management on April 1, 1994 is set aside. IInd party Management is directed to reinstate the 1st party workman into service to his original post and there shall be con











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