- (1.) This appeal by special leave is directed against the final judgment and order dated 6.7.2009 passed by the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga, in W.A. No. 411 of 2008 (L-TER) whereby the High Court allowed the appeal filed by the Respondent-workman and set aside the order of the learned Single Judge and restored the Award of the Labour Court. The facts which have been disputed by the parties are with regard to the number of days the Respondent-workman served as daily wages employee. According to the Respondent-workman, he worked from 1.12.1983 to 1.8.1985 whereas, as per the Appellant, he worked only for about two months.
(2.) However, the Labour Court, after recording a finding that he worked for more than 240 days, held that the removal or termination is in violation of Section 25F of the Industrial Disputes Act, 1947, allowed the claim and directed reinstatement of the Respondent-workman in service but without backwages.
(3.) The Award was challenged by the Appellant before the High Court in a writ petition. Learned Single Judge allowed the writ petition and set aside the Award passed by the Labour Court holding that neither the Appellant worked for more than 240 days nor evidence was brought on record to that effect. Learned Single Judge further held that the reference of the dispute after 17 years was also not legal and valid.;