MANAGING DIRECTOR KARNATAKA STATE SEEDS CORPORATION LTD. Vs. SRI C.K. AMARESH S/O P. KRISHNAPPA

JUDGEMENT

(1.) THIS appeal assails the order of the learned Single Judge who, taking note of the acquittal of the Respondent in criminal proceedings initiated by the Appellant, has ordered reinstatement of the Respondent without backwages, but with continuity of service.

(2.) BEFORE us, it is pointed out that the Respondent had a temporary appointment and therefore acquittal would have no bearing on the rival stances. We have perused the notice dated 11.04.1996, which reads as under:

(3.) IT is next contended on behalf of the Appellant that the dismissal took place in 1996, but the writ petition was filed in 2009 and as such, neither reinstatement nor continuity should be granted. Learned Counsel for the Respondent drew our attention to the fact that the acquittal order came to be passed on 10.03.2005. Immediately thereafter, the Respondent had addressed a communication to the Appellant/employer praying for his being taken back into service. It was only when no action was taken, that the writ proceedings were filed. Even on the second ground of alleged laches, we find no merit more particularly in a circumstance where the backwages has been denied.