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2013 Supreme(Kar) 256

D.H.WAGHELA, B.V.NAGARATHNA
M. N. Cariappa – Appellant
Versus
Rosamma – Respondent


Advocates Appeared:
For the Appellants:S.H. Maruthi for M/s. Cariappa & Co., Advocates.
For the Respondents:R1 & R2, N.A. Appaiah for R3 to R6, A.S. Shyam Koundinya, R7, M.S. Rajendra Prasad, Vivek Holla for M/s. Holla & Holla, Advocates.

JUDGMENT

1. This appeal assails the order dated 23/06/2005 passed by the learned Single Judge in W.P.No.27968/1999 and connected writ petitions.

2. The brief facts of the case are that the appellants are the legal representatives of the Managing Partner of a coffee estate. The same was purchased by the appellant from respondent Nos.3 to 6 by a registered sale deed dated 26/04/1994. Respondent Nos.1 and 2 claimed to be the workers of respondent No.7-estate. Respondent No.8 is the vendor of respondent Nos.3 to 6. Respondent Nos.1 and 2 were terminated from service on 30/07/1984 by respondent No.7 on medical grounds. Since conciliation proceedings failed, the State Government referred I.D.Ref.No.98/1995 before the Labour Court at Madikeri for adjudication. It is the case of respondent Nos.1 and 2 that their termination was not preceded by any enquiry and without any reason they were terminated. Therefore, they sought quashing of the order of termination, reinstatement and consequential benefits.

3. The said claim was contested by filing detailed statement of objections. It is the case of the management that respondent Nos.1 and 2 workmen repeatedly complained of fatigue during working






































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