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2023 Supreme(Online)(KAR) 13810

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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