- (1.)THIS is an appeal preferred by the management. Respondent- workman was served but remained unrepresented. Mr. M. L. N. Reddy was requested to assist the court as Amicus Curiae for the respondent.
(2.)THE Management has preferred this writ appeal aggrieved by the order of the learned single Judge. The respondent claimed to be an employee as conductor in the management Corporation and claimed to be appointed in the year 1964 and he was removed from the service as unsuitable on August 11,1969. The respondent- workman did not raise his little finger till he ultimately took advantage of Section 10 (4) (a) of the Industrial Disputes act and raised a dispute on September 15, 1988 after a lapse of nearly 20 years. When the matter went before the Labour Court, the management led evidence and took a stand that the respondent was never appointed by the corporation and there was no Master and servant relationship.
(3.)THE Labour Court on a preliminary issue held that there was no Master and Servant relationship on the basis of a xerox copy of the appointment order and badge. The Labour court ultimately allowed the dispute by an award directing that the respondent to be reinstated without back wages, however, with continuity of service. The respondent was however, entitled to 50% back wages from the date of claim petition. Aggrieved by this, the management preferred the writ petition. The writ petition was dismissed at the stage of preliminary hearing. Aggrieved by the order of the learned single Judge, the Management is before us.