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2022 Supreme(Kar) 785

K. S. MUDAGAL
Vmware Software India Pvt. Ltd – Appellant
Versus
Ashis Kumar Nath – Respondent


Advocates appeared:
Dhyan Chinnappa, Advocate, Lavanya B Ananth, Advocate, K.Subba Rao, Advocate, Anuparna Bordoloi, Advocate

JUDGMENT

K.S. Mudagal, J. - The above petition is filed by the Management seeking quashing of award annexure-a dated 26.02.2021 in Reference No.46/2018 passed by the III-additional Labour Court, Bengaluru. By the impugned award the Labour Court set aside the order of the petitioner terminating the respondent from service, directed the petitioner to reinstate the respondent with full back wages and continuity of service.

2. For the purpose of convenience the petitioner and respondent will be referred to henceforth as Management and Workman respectively.

3. The Management is a company being part of VM Ware group of companies having its head quarters at California United States of america. Management is engaged in the business of providing software services. On 04.02.2015 the Management appointed the workman as NSX Senior quality engineering developer in its Bengaluru office on annual pay package of Rs,24,75,000/- on probation of six months. His primary work was that of network testing/testing engineer. admittedly, the workman represented to the Management before his recruitment that he has 11 years' work experience in the field.

4. On his induction in the service the Management provided

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