D.G. VASUDEV Vs. GOVERNMENT OF KARNATAKA & OTHERS

JUDGEMENT

(1.) The petitioner was appointed as a Literate Assistant on daily wage basis by the third respondent on 1.9.1983. He was terminated from service on 22.5.1985. The petitioner challenged the termination order before the Labour Court in Reference No.54/1994. The Labour Court passed an award as per Annexure 'A1' on 28.4.1999 directing reinstatement of the petitioner with 25% backwages and continuity of service with all consequential benefits. Since the respondent authorities failed to implement the award, the petitioner filed a writ petition before this Court in W.P.No.43457/1999 for implementation of the award. This Court modified the award by directing reinstatement of the petitioner with25% of the backwages from the date of the reference, namely, from 30.9.1994 till the date of reinstatement with continuity of service. The Executive Engineer, P.W.D.I also filed a writ petition in No.3375/2000 before this Court challenging the aforesaid award of the Labour Court. This Court by order dated 7.6.2001 directed reinstatement of the petitioner into his original post. However, this Court denied the backwages. Feeling aggrieved, the respondent authorities filed a writ appeal in No.7441/2000. The writ appeal was dismissed by this Court on 27.8.2002 with liberty to the respondents herein to initiate appropriate action under Sec. 25-F of the Industrial Disputes Act, 1947 (for short 'the Act').

(2.) Pursuant to the aforesaid orders of this Court, the petitioner was reinstated into service on 13.8.2000. It is the case of the petitioner that he has worked for a period of three years.

(3.) The respondents issued a notice under Sec. 25-F(a) of the Act as per Annexure 'A7' for retrenchment of the petitioner. This was followed by a retrenchment order as per Annexure 'A9' dated 20.6.2003 under Sec. 25-F(b) of the Act.