ANDANAGOUDAR Vs. MANAGEMENT OF N W K R T C DIVISIONAL OFFICE BY ITS DVN CONTL

JUDGEMENT

(1.) The matter is on Board, to hear regarding non compliance of office objection. The office raised objection with regard to the maintainability of this review petition. Learned Counsel for the Petitioner having endorsed on the Form of Examination Report (Form No. 14) to the effect that " Under Order 47 Rule 1, there is No. prohibition for second review and may be posted before the Court", the matter has been placed before us.

(2.) It is necessary to notice in brief, the facts of the case, which have led to the filing of this review petition:

(3.) The order of dismissal was questioned by the workman by filing an application Under Section 10(4-A) of the Industrial Disputes (Karnataka Amendment) Act, 1947 (for short, 'the Act') before the Labour Court at Gulbarga. The management contested the said application. The Labour Court found that, the enquiry held against the workman was neither fair nor proper and held that, the Corporation was not justified in dismissing the workman. Ultimately, the Labour Court directed the reinstatement of the workman with continuity of service but without payment of backwages. Aggrieved, both the parties filed writ petitions. Learned Single Judge, upon consideration, found both the writ petitions to be devoid of merit and dismissed the same. Aggrieved, the workman filed writ appeal which was found to be devoid of merit. It was held that, the workman is not entitled to any relief. The workman filed review petition with an application seeking condonation of delay in the matter of filing the review petition. The review petition having been found to be untenable, was rejected by making it clear that, it is unnecessary to issue notice on the delay condonation application. This review petition has been filed, to review the order dated 23.10.09 passed in R.P. No. 199/09 and to restore W.A. 1095/07 by setting aside the judgment dated 11.6.2008 and to hear the writ appeal.