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THE HIGH COURT OF KARNATAKA
ANANT RAMANATH HEGDE, J
M/S BOSCH LTD. – Appellant
Versus
MR. D. CHARLES, STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. judiciary under article 226 reviews labour court's award. (Para 1 , 2 , 3) |
| 2. petitioner's claims argue resignation's voluntary nature. (Para 4 , 5 , 6 , 8 , 9) |
| 3. respondent's claims lack credible evidence of coercion. (Para 7 , 18 , 20 , 39 , 41) |
| 4. resignation deemed voluntary, challenge based on coercion fails. (Para 24 , 42) |
| 5. writ petition allowed; labour court's award set aside. (Para 43) |
CAV ORDER
The petitioner - Establishment is before this Court assailing the award dated 23.09.2023 in Reference No.24/2015 on the file of III Additional Labour Court, Bengaluru.
2. In terms of the award, the claim under Section 10 (1)(c) of Industrial Disputes Act, 1947 (for short 'Act, 1947') is allowed in part. The Labour Court declared that the Management has taken resignation from the respondent- employee by force and the order relieving the respondent from service is set aside. Since the employee has attained the age of superannuation, reinstatement is not ordered.
3. The petitioner - Establishment is directed to pay full backwages from 30.08.2013 till the date of attaining the age of superannuation after deducting Rs.11,04,192/- paid to the employee on his resignation.
4. T
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