Santosh Hegde, J. - (1.) The termination of the appellant herein from the post of watchman without following the provisions of Sectio 25-F of the Industrial Disputes Act, 1947 (The Act) came to be referred to the Labour Court, Bijapur. The Labour Court was pleased to allow the reference in part and directed the respondent to reinstate the appellant at the existing rate of wages. However, the other benefits like backwages, continuity of service and consequential benefits were not allowed. This award gave rise to two writ petitions. One by the first respondent herein challenging the award of the Labour Court directing reinstatement, this was done in Writ Petition No. 8794 of 1998 and another by the appellant-workman in Writ Petition No. 12089 of 1998 seeking the benefits of continuity of service and backwages. The High Court by its order dated 24-3-1998 dismissed the writ petition of the respondent herein even without issuing notice, at the stage of admission itself. The writ petition filed by the workman came to be allowed and the learned single Judge directed the first respondent not only to reinstate the appellant-workman as directed in the award of the Labour Court but also granted the benefit of continuity of service but without backwages. The order of the learned single Judge in that writ petition was dated 30th June, 1999.
(2.) Thus, it is seen the writ petition filed by the management challenging the award came to be dismissed and the writ petition filed by the workman seeking enhanced relief came to be allowed granting continuity of service.
(3.) The management in this case first filed a Writ Appeal No. 4974 of 1998 before the Division Bench of the High Court in which it challenged the dismissal of its writ petition challenging the award of the Labour Court by the learned single Judge. This writ appeal came to be dismissed by the appellate Bench at the stage of admission itself without notice to the appellant. Thus the award of the Labour Court became final there being no further appeal by the management. This order of the appellate court dismissing the said writ appeal ex parte came to be made on 2nd of December, 1998.;