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HIGH COURT OF KARNATAKA
MRS K.S. HEMALEKHA, J
SRI N MUNIRAJU – Appellant
Versus
M/S MCNALLY BHARAT ENGINEERING CO.LTD. – Respondent
| Table of Content |
|---|
| 1. facts of termination and closure (Para 2 , 5 , 6) |
| 2. arguments regarding the legality of the closure and termination (Para 7 , 8 , 9) |
| 3. court's conclusion about back wages and closure compensation (Para 10 , 17) |
| 4. court's observations on termination reasons and hearing processes (Para 11 , 12 , 14 , 15) |
| 5. final ruling on the petitions (Para 18) |
ORDER
Both the writ petitions arisen out of the award dated 12.11.2008 in Ref. No.43/1999 on the file of the II Additional Labour Court, Bangalore (‘the Labour Court’ for short).
2. Writ petition No.8685/2010 is assailed by the workman to the extent of holding the respondent- establishment closed and not granting relief of reinstatement and back wages from 31.10.2002.
3. Writ petition No.31038/2009 is by the company to the extent of granting back wages from 01.03.1996 to 31.10.2002 by setting aside the order of termination and to pay closure compensation to the workmen.
4. Parties herein are referred to as per the ranking in W.P.No.8685/2010 as petitioner-workmen and respondent-company.
5. The petitioner was employed as a General Mazdoor, for his absenteeism, the respondent-company issued notices and memo, as the respondent remai
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