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2023 Supreme(Kar) 755

ALOK ARADHE, S. VISHWAJITH SHETTY
Chief Executive Officer – Appellant
Versus
S. Krishnaiah – Respondent


Advocates appeared:
V.S.Naik, Advocate, B.J.Somayaji, Advocate

JUDGMENT/ORDER

ALOK ARADHE, J. - W.A.No.6501/2013 has been filed by the Chief Executive Officer, Zilla Panchayat, Mysore (hereinafter referred to as 'the employer' for short), whereas, W.A.No.6509/2013 was filed by employee being aggrieved by the order dtd. 8/10/2013 passed in W.P.No.12389/2009. On account of commonality of issues, both the appeals are heard together and are being decided by this common judgment.

2. Facts giving rise to filing of these appeals in nutshell are that the deceased S.Krishnaiah (hereinafter referred to as the employee for short) was employed on a daily wage basis as a cook in boys College Hostel, Hunsur for a period from 1990 to 1996. However, his services were dispensed with in violation of Sec. 25(F) of the Industrial Disputes Act, 1947. At the instance of the employee, the dispute was referred for adjudication on 17/3/1998 to the labour court. The employee filed a claim statement and examined himself. The employer despite notice did not appear before the labour court. The labour court by an award dtd. 28/2/2003 directed reinstatement of the employee along with 50% backwages from 2/5/1998. The aforesaid award passed by the labour court was assailed by

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