High Court Karnataka High Court

The Assistant Executive Engineer vs Malleshi on 25 July, 2008

Karnataka High Court
The Assistant Executive Engineer vs Malleshi on 25 July, 2008
Author: V.Gopalagowda & Nagaraj
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1

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA

DATED: 25"' DAY 01: JULY 2008  j A

PRESENT      
THE H()N'BLE MRJUSTICE V.vGOPA.LA_GOW_D.A.  < T ;

AND          
THE H()N'BLE MR.JI}STICL'?:Zs.ARALZ"iJVAG;?iR2XJ 

 

W.A No. $2__1g;._;QS  7 k » 

Between:     'V

The Assistant  En"gi::ie¢r,  :.  
Zilla Panchaysit E;§;gifié6:3ing;--.L'j*'--   A'
Sub~Divisipp,   V   "  

R.aich:zr. " T       ...APPELLANT

(B_y :'§~tji-- B. J. "K;'dvocate [absent])

And:

s/gmppa,    

Age; : ''P9_Iajor,A ' ~ .,

I  RfoH,Ne.l:1'1¥45f52
 .Mahafana  Coiony,
« -. .ffj-..»_Rampur Hagar,
4.  Raichug. "  RESPONDENT

\’ (fiy Sri Praveen Kama: Raikete, ~– Advocata)

WA is flied axis. 4 af the Karnataka High Court Act against the

‘ érder dated H-4-2005 passed by the learned single Judge in W.P.No.

8078/2005.

§N//

Thie W.A coming on for hearing before the Court this day,
Gopala Gowda, J, delivered the follewingz

JUDGMENT _
Leamed counsel for the appellants is absent. the

impugned order.

2. The learned single Judge decligafi :iwaVrd_. x

passed by the Labour Court in the ‘A ‘

workman. The Labour Court held ibe temgaeesi
was bad as there is wéolatiosiii of the Disputes
Act, 1948. It has directed jgieclined to order for

payment of b b ‘ »

3. remained absent before the Labour

Court aeétew jiisiifybflae temzzinatien of workman’ That apart,

aayard of the Labour Court was intimated way back in

writ petition was fiIed only in the year 2005

Vdespitebbhuebfaérgbiriggflze certified copy in the year 2004. Having regard to

. dei:£y i11behaJ}eng’r1g file award of the Labaour Cour’: and keeping in

ems oniy reinstatement is ordered denying back wages, the learned

V’ Judge rightly rejected the writ petition. The Labetzr Court has

% exercised the discretionary power and we agree with the view taken by

‘M//

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the learned single Judge. The writ appeal is devoid csf merit-_and liable
to be dismissed. l l

«ii. Accordingly, the appeal is ll