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2024 Supreme(Online)(Kar) 39394

KARNATAKA HIGH COURT
SRI N MUNIRAJU – Appellant
Versus
M/S MCNALLY BHARAT ENGINEERING CO.LTD – Respondent


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 remained continuously absent unauthorizedly, charge-sheet cum show cause notice was issued for his unauthorized absence. The absence according to the company was that the respondent was absent for a period of 130 days in the year 1993, 204 days in 1994 and 84 days from August 1995 to 05.01.2006 in a period of four months. The respondent-company terminated the service

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