--TRIBUNAL;= MARKED AS ANNEXUIRE~A AND ETC.,.
IN 'B' GROUP THIS DAY, THE COURT MADE T1-IE
' FOLLOWING:
W. P. No.1 09732008
IN 'I'!'IE HIGH COURT OF KARNATAKA AT BANGALORE
DATED TI-{IS THE 771% DAY OF SEPTEMBER 2009
BEFORE V
THE HON'BLE MRJUSTICE 'A I7 A
Writ Petition No.1o975z2908 LOCI 1:"
BETWEEN: ' '
CANARA WORKSHOP AND GENERAL.._UNIOII_v '
KSRM TRUST BUILDING '
LIGHT HOUSE, HILL ROAD
MANGALORE _
(REPRESENTED BY ITS .IOI:\IT..SEcRETARI*V
JRAVINDRA NAIK) ' .,FETITIONER
(BY SMTSHEELA KRISHNAIAAQVOCATLL] V
CANARA I.IIIORI§S'Hk;)p_ -- . ' v
MAROLI = A ~
MANGALORE = % ..RESPONDENT
{BY SR1 VSOMASHEKAR'vO1é'*M/s'}S.N.MURTHY ASSOCIATES,
ADyOcATES.)'* . V
' 'rLII--S wRIT"RE'I'mON IS FILED UNDER ARTICLES 226 &
2:127 OF T.'~II_«:«..IC'ONISTmI'IION OF' INDIA PRAYING TO CALL FOR
'rHE,RECORD'_S.. AND SET ASIDE THE AWARD IN REFERENCE
NO.4r3./1993.. D;T;22.2.2008 PASSED BY THE INDUSTRIAL
A ,'I'HIS"¢ PETETEON COMING ON FOR PRELIMINARY
W. P. No. 1 0975[2008
O R D E R
This writ petition by Workers’ Union is directed
against the award dated 22.02.2008 [Annext:«re{.A).2″”,,’
passed by the Industrial Tribunal, Mysore,
the reference made by the
Section 10(1)[d) of the Industrial oispu*d:des2A¢t; 947?,
Reference No.46/ 199 1.
2. I have heard the aoheafi1’ig for
the parties and perused award at
Annexure–A. ‘j referred for
adjudication VH;1″ribuna1 was as to
whether the of the respondent,
who are _represented ‘thy? the petitioneI’–Union, were
dviserifninatedgwhile fixing the Wage, inasmuch as
according.étoithe-petitioner–Union, their wage was fixed
22′ _1esser”-tha_’1’1′ dunskilled workmen.
as _In.. stipport of its case, the petitior1er–Union
its Joint Secretary as WW.1 and also
‘:;’e3<a_t:1'1ined three workmen as WW2. WW3 8: WW.4 and
My
W. P. NO. 1 097552008
w.e.f. 1985. In these circumstances, I do not
find much force in the contention of first party
union. "
in my opinion, the aforesaid conclusion reach.eti”
Industrial Tribunal is based on a jparopernfc0nsiderati’013 1-,.’
of the eyidence on records” atild vaheiioe ‘not
permissible for this Court t0_v§Vi_ii*ixte;-fe_re” siieh a
finding in a proceeding 227 of the
Constitution of Iriciiivs Supreme
Court in SUGAR
MILLS 2005 so 1954).
sev-
.