KARNATAKA STATE ROAD TRANSPOART CORPO Vs. S G KOTTURAPPA

JUDGEMENT

(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.

(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 :