M/S Bhandary Power Lines Pvt. Ltd. v. Ramesh Prabhu
Case brief
What is this about?
The High Court partly allowed a writ petition filed by an employer against a labourer regarding a reinstatement award. The Court held the Labour Court's award was just but quashed the show cause notice issued against the labourer, conditioning compliance with the award within one month.
What did the court decide?
The show cause notice issued by respondent No.2 is quashed subject to the condition that the petitioner shall comply with the Labour Court's award within one month from the date of receipt of the copy
What the court decided
WP No.40879/2012
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12th DAY OF OCTOBER 2012
BEFORE
THE HON’BLE MR.JUSTICE SUBHASH B ADI
WRIT PETITION NO.40879 OF 2012 (L-TER)
BETWEEN:
M/S BHANDARY POWER LINES PVT LTD HAVING ITS REGISTERED OFFICE AND WORKS AT PLOT NO.3B, INDUSTRIAL AREA, MANIPAL 576104, REPRESENTED BY ITS GENERAL MANAGER (COMMERCIAL & ADMINISTRATION)
...PETITIONER
(BY SMT.MANJULA N KULKARNI, ADV.)
AND:
- SRI RAMESH PRABHU S/O GOPAL PRABHU, AGED ABOUT 48 YEARS, NEAR NEHRU HIGH SCHOOL ALEVOOR POST, UDUPI-574133
Issues for consideration
3 issues framed by the court
Whether the show cause notice issued by the Labour Commissioner can be quashed in light of the Court's preliminary observation.
Whether the Court should interfere with the Labour Court's award of reinstatement and 50% backwages in the absence of a standing order or settlement for punishment.
Whether the Petitioner must comply with the Labour Court award if they have already failed to do so.
Parties & counsel
- petitioner
M/s Bhandary Power Lines Pvt Ltd
- respondent
Sri Ramesh Prabhu
- respondent
The Labour Commissioner, Karnataka
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/40879/2012
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