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2021 Supreme(Kar) 424

S.SUNIL DUTT YADAV, S.RACHAIAH
THE MANAGEMENT OF SRI DHARMASTHALA MANJUNATHESHWARA EDUCATION SOCIETY, REP. BY ITS SECRETARY, DHAVALANAGAR, SATTUR, DISTRICT: DHARWAD – Appellant
Versus
SURESH KUMAR S/O CHANDRANATH IJARI – Respondent


Advocates Appeared:
For The Appellant :SRI S.A. SONDUR, ADVOCATE
For The Respondent:SRI RAVI HEGDE, ADVOCATE

JUDGMENT :

S. SUNIL DUTT YADAV. J

This Judgment has been divided into the following Sections to facilitate analysis :

I

Preamble

4 ­9

II

Contentions of the Management

9 ­11

III

Contentions of the Workman

11 ­12

IV

Consideration :

(A) Finding of the Labour Court regarding delay in seeking reference of dispute

(B) Abandonment of Inquiry

(C) Stigmatic Termination

(D) Award of Back Wages

12

13–17

 

17–19

19–22

22 ­30

V

Order

31 ­32

PREAMBLE:

The management of Sri Dharmasthala Manjunatheshwara Educational Society has filed W.A.No.100019/2020 calling in question the correctness of the order passed in W.P.No.75525/2015 whereby the learned Single Judge has set aside the award of the Labour Court dated 12.09.2012 passed in Reference No.10/2012 and had further directed that the petitioner is entitled for reinstatement with consequential benefits from the date of service till reinstatement with 50% back wages. The employee Sri Suresh Kumar Ijari has filed W.A.No.100022/2020 calling in question the order of the learned Si

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