- (1.) The respondents were appointed as Badli conductors by the appellant herein. Their services having been found to be not satisfactory were terminated by an order dated 11.11.1983 and 9.9.1980 respectively. Industrial disputes in relation thereto having been raised by the respondents herein, references were made by the State of karnataka for adjudication thereof before the presiding Officer, Labour Court, Bangalore which were marked as Reference Nos. 57 of 1986 and 42 of 1983. By reason of awards dated 21.3.1987 and 31.10. 1986, the respective orders of termination of the respondents passed by the appellant herein were held to be bad in law on the premise that the principles of natural justice had not been complied with and the workmen were directed to be reinstated in service with full back wages. The appellant herein filed writ petitions thereagainst before the Karnataka high Court which by reason of the impugned judgments were dismissed. The appellant is, thus, before us. FACTUAL background :
(2.) The factual aspect of the matter may be noticed by us from civil appeal no. 4868 of 1999. 2.1. The respondent was appointed by a Memo. Dated 13.5.1982 in substitute vacancies arising out of Suspension Pending Enquiry/suspension as a measure of specific punishment and absent cases etc. , inter alia, on the following terms and conditions : "1. You as a Badli (sic) is not an appointee in the Corporation and do not have any right merely because your services are so utilized on day-to-day basis. 2. You are not entitled to any kind of leave or other facilities to which the regular employees are entitled to. 3. You are not transferable from place of your utilisation so long as you remain Badli. 4. You will be eligible for payment of wages for the number of days you are utilized for the job as such either daily or monthly, as per the rates prevailing in the Corporation. 5 Your utilization as Badli will be discontinued if for any reason, your services are found not suitable for the job for which you are utilised as Badli. "2.2. Allegedly, the respondent committed misconduct on 13 occasions and upon enquir- ies held in that behalf, minor punishments were imposed upon him. The history-sheet in relation to the said respondent is as under:2.3. Relying on or on the basis of the said purported conduct on the part of the respond- ent herein during the aforementioned period, he was discontinued from the select list as badli and his name was removed therefrom by an order dated 11.11.1983, stating : "Sri S. G. Kotturrappa was utilized as a Badli Conductor on badli basis under clear terms and conditions stipulated in the order cited above as per which the undersigned being the competent authority is empowered to discontinue from utilization as badli worker any of the select list can- didate as and when he is found not suitable during the period he is engaged on badli duties. During the period of utilization as badli worker, his services were found to be unsatisfactory. He is therefore found not suitable for the post for which he was utilized as Badli and he is discontin- ued from utilization as Badli and his name is removed from the select list. His chance for further appointment as Conductor in terms of his selection, is forfeited. "impugned AWARD AND JUDGMENT :
(3.) The Labour Court as also the High Court passed the impugned awards and judgment relying on or on the basis of a decision of this Court in S. Govindaraju v. Karnataka s. R. T. C. and Another wherein it was held that as by reason of such discontinuance in service, the respondent had forfeited his chance of being appointed having been found unsuitable therefor, it was imperative on the part of the appellant herein to afford an opportunity of hearing to him. contentions :;