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2020 Supreme(Kar) 2043

RAVI MALIMATH, NATARAJ RANGASWAMY
General Manager Allana Coffee Curing Works – Appellant
Versus
Mallesha @ Manjegowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Nataraja Ballal.
For the Respondent: Sri. Mallesha @ Manjegowda.

JUDGMENT :

1. The Writ Petitioner in Writ Petition No. 2848 of 2017 has filed this writ appeal challenging the Order of the learned Single Judge dated 31.01.2017, whereby, the award of the Labour Court to reinstate the respondent with immediate effect and 50% back-wages was confirmed.

2. In the Writ Petition filed, it is stated that the respondent was a workman in its establishment. The respondent had attempted to assault a security guard and the security supervisor intervened and protected the security guard. Consequent to this, the petitioner issued an order suspending the respondent followed by a domestic enquiry. It is stated that the respondent again indulged in another attempt of assault on the security guards on 01.07.2012 in which regard complaint was registered with the concerned police by the security supervisor. It is stated that the domestic enquiry was held against the respondent and at the domestic enquiry, the respondent admitted to the charges leveled against him. After the enquiry concluded, a report was submitted to the petitioner where the charges were held to be proved. The petitioner therefore passed an order of dismissal of the respondent with effect from 24.12.

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