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R. DEVDAS, C. M. JOSHI
Shivaputra – Appellant
Versus
Harsha B. R. – Respondent
ORDER :
R.Devdas, J.
The parties are referred to as per their ranking in the writ appeal. The complainant in contempt petition is respondent in writ appeal. This is a third round of litigation. At the instance of the respondent, a reference under Section 10 (1)(c) of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as 'the Act') was made by the State Government in Reference No.22/2003 and an award was passed by the Labour Court, Kalaburagi on 24.04.2009 directing reinstatement of the respondent as clerk on daily wages. However, no backwages were awarded to the respondent. Aggrieved by the award, the appellant-Town Planning Authority filed Writ Petition No.12052/2006, while the respondent also filed Writ Petition No.1994/2007, being aggrieved by the portion of the award not granting backwages to the respondent. By order dated 26.03.2007, the writ petition filed by the appellant-Town Planning Authority was allowed and the writ petition of the respondent was dismissed. The award dated 29.04.2006 was quashed. However, the matter was remitted back to the Labour Court for fresh disposal with a direction to dispose of the dispute while considering the relevant material
The Labour Court's failure to determine appellant's 'industry' status under the Industrial Disputes Act obstructed jurisdiction and necessitated award quashing.
The court upheld the Labour Court's award of minimum wages and compensation for wrongful termination, asserting the need for procedural adherence under the Industrial Disputes Act.
The court ruled that the petitioner did not raise jurisdictional issues regarding its status as an industry, thus the Labour Court's award stands, except for the direction on regularization.
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