HIGH COURT OF KARNATAKA (BENGALURU BENCH)
P P APPANNA – Appellant
Versus
M/S RMC READYMIX (INDIA) PVT LTD – Respondent
These two intra-court appeals seek to lay a challenge
to a learned Single Judge's order dated 24.01.2023.
W.A.No.246/2023 is filed by the Management whereas,
the
companion
W.A.No.1017/2023
is
filed
by
the
Workman.
2.
Learned counsel appearing for the Management
submits that the learned Single Judge grossly erred in
setting aside the labour court award rejecting workman’s
challenge to his dismissal from service itself inasmuch as
the workman had not lead any evidence before the labour
court and that all documents were produced only before
the learned Single Judge, with no explanation whatsoever
for
not
producing
the
same
earlier.
So
arguing
vociferously,
learned
counsel
seeks
voiding
of
the
impugned order which levies the lesser penalty of without
of four annual increments with cumulative effect and
directs reinstatement of the workman with continuity of
service but sans back wages.
- 4 -
3.
Per contra, learned counsel appearing for the
Workman submits that the learned Single Judge’s order to
the extent of levying a lesser penalty of withholding of four
increments with cumulative effect and also denying the
entire back wages is liable to be set at naught. In support
of this s
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