IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K. SINGH, TARA VITASTA GANJU
Registrar, Karnataka State Open University – Appellant
Versus
M. Nagaraju, S/o. Maribasavaiah – Respondent
| Table of Content |
|---|
| 1. eligibility of workmen for appointment (Para 1 , 2 , 4) |
| 2. judgment based on petitioner's stand (Para 3 , 5 , 6) |
| 3. condonation of delay in appeal (Para 7) |
JUDGMENT :
D K SINGH, J.
The present writ appeal has been filed impugning the judgment and order dated 03.02.2023 passed in WP.No.39006/2015 was disposed and filed R.P.No.547/2003.
2. The appellant was the petitioner before the learned Single Judge, challenging the award dated 02.05.2015 passed by the Labour Court, Mysuru, in Reference No. 20 of 2013. Before the learned Single Judge, the petitioner-University took the stand that, out of 56 workmen, only 24 had actually worked for the University, while the others had not.
3. Considering this submission, the learned Single Judge found that the said 24 workmen were eligible for appointment and, as such, directed the petitioner- University to appoint them within two months from the date of receipt of the copy of the order.
4. Regarding the remaining 34 workmen, as mentioned in paragraph 4 of the impugned order, it was observed that if they claimed to have worked for the University, it would be open to them to separately challenge the matter or seek appointment.
5. The impu
The court upheld that employment appointments must align with the employer's admissions regarding worker eligibility, confirming lower court rulings without error.
The main legal point established is that in cases of illegal termination of daily wage workers, reinstatement with back wages is not automatic, and instead, the court may award monetary compensation ....
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
The court affirmed the right of the University to set employment conditions for casual workers, allowing petitioners to contest employment decisions through further legal channels.
The court emphasized the need for compliance with procedural norms under the Industrial Disputes Act when denying employment.
Temporary employees' termination post-ULP complaint illegal sans compliance; reinstatement upheld sans permanency; backwages limited to 50% pendency, arrears 90 days pre-filing; entitled to minimum p....
appellants have been appointed after following selection procedure against an open advertisement, and therefore, discontinuing them from service by treating them to be contractual employees is contra....
Delay in filing a reference does not preclude adjudication on merits, especially when the dispute remains alive.
The termination of an employee without due process is illegal, and the burden of proof lies with the employer to substantiate claims of non-employment.
intra Court appeal is really not a statutory appeal preferred against the judgment and order of an inferior to the superior Court. The appeal inter se in a High Court from one Court to another is rea....
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