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2015 Supreme(Kar) 1141

A.N.VENUGOPALA GOWDA
Management of Indian Institute of Management – Appellant
Versus
D. Manikya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Kasturi, Senior Adv. for K. Subha Ananthi, Adv.
For the Respondents: Pramila M. Nesargi, Senior Adv. for Pramila Associates

ORDER :

A.N. Venugopal Gowda, J.

1. The respondent, joined service of the petitioner, as a Plumber, during the year 1974 and was promoted and designated as Works Assistant, during 1987. Alleging commission of misconduct, a charge sheet dated 10.09.1991 was served on the respondent, to which, the explanation was submitted on 18.09.1991. After conducting disciplinary enquiry, the respondent was dismissed from service of the petitioner on 20.08.1993, for the proved misconduct in subordination. At the behest of the respondent, in I.D. No. 98/1993, Labour Court passed a award dated 29.09.2005, setting aside the said order of dismissal and directing reinstatement in the original post with continuity of service and consequential benefits. Both the petitioner and the respondent having assailed the said award, by a common order dated 16.11.2009 passed in W.P. Nos. 13097/2006 and 10409/2008, was upheld. Both parties, feeling aggrieved, filed W.A. Nos. 379/2010 and 2457/2010. Writ appeal filed by the respondent - workman was dismissed and writ appeal filed by the petitioner - Management was allowed in part. It was held that the workman is not entitled to any backwages and was imposed a punishm
























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