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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
C.M.POONACHA
Parasuram S/O. Rudrappa Shiggaonkar – Appellant
Versus
Divisional Controller, Nwkrtc, Haveri Division, Haveri – Respondent
| Table of Content |
|---|
| 1. writ petition filed seeking remedies for wrongful termination. (Para 2 , 3) |
| 2. parties argue about the legality of workman's dismissal. (Para 5 , 6) |
| 3. court examines evidence on workman's claims and dismissal. (Para 7 , 8 , 13 , 15) |
| 4. charges against workman deemed erroneous and unjustified. (Para 16) |
| 5. court orders reinstatement without back wages and affirms service continuity. (Para 17 , 18) |
ORAL ORDER
The present writ petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner/workman seeking for the following reliefs:
(A) “Issue a writ of certiorari or any other appropriate writ or order or direction quashing the award passed by the Labour Court, Hubli in Ref.No.22/2007 dated 16.07.210 vide Annexure-G to meet the ends of justice;
(B) Issue a writ of mandamus or any writ or order or direction, directing the respondent to reinstate the petitioner into service with full back wages and continuity of service and all other consequential benefits, to meet the ends of justice;
(C) Grant such other relief or reliefs as deems fit under the circumstances of the case to meet the ends of justice.”
2. The relevant facts in a nutshell leading to th
Dismissal without proper inquiry and opportunity violates natural justice; a workman's affidavit asserting non-conviction, while actually acquitted, cannot be deemed false.
Labour Court has committed mistake in observing that the petitioner has admitted that he is in employment. Be that as it may, the fact remains that to get the employment, the petitioner has produced ....
The High Court's role under Article 226 is not to re-evaluate evidence but to ensure that disciplinary proceedings comply with established legal standards and natural justice.
The main legal point established in the judgment is that the burden of proof lies with the party alleging wrongful termination, and in the absence of evidence supporting such claim, the court will no....
The importance of presenting all relevant facts to the court and the burden of proof on the management to prove abandonment by the workman.
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