Writ petition against Labour Court order denying back wages to a dismissed badli worker. High Court upheld denial of back wages due to petitioner's absence and failure to avail conciliation opportunity, dismissing the petition.
Writ petition dismissed. No back wages awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17TH DAY OF MARCH 2017
BEFORE
THE HON’BLE DR. JUSTICE VINEET KOTHARI
WRIT PETITION No.60302/2011(L-RES)
BETWEEN:
... PETITIONER
(BY SRI. LAXMAN T MANTAGANI, ADV.)
AND:
... RESPONDENT
(SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DT: 15.09.2010 IN REF. NO.40/2006 PASSED BY THE
Date of Order: 17.03.2017 in WP No.60302/2011(L-RES) Smt. Irawwa D/o Channaveerappa Vs. M/s. Krishna Spinners
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COURT OF THE PRESIDING OFFICER LABOUR COURT, HUBLI, AT HUBLI, IN SO FOR AS DENYING THE BACK WAGES AND DECLARE THAT, THE PETITIONER IS ENTITLED FOR BACK WAGES W.E.F. 24.06.2005 TILL THE DATE OF REINSTATEMENT VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Mr.Laxman T Mantagani, Adv. for the petitioner. Respondent- Served.
this writ petition, against the respondent employer M/s. Krishna Spinners, who is not represented despite service of notice, aggrieved by the order passed by the learned Labour Court,
Hubli, in Ref.No.40/2006 , dated 15.09.2010, giving a relief of
the reinstatement to the petitioner, but denying the backwages.
Hubli, for denying the backwages are quoted below for ready
reference:-
“ 14. Issue No.3: The learned counsel for the claimant has argued that the claimant is entitled
Date of Order: 17.03.2017 in WP No.60302/2011(L-RES) Smt. Irawwa D/o Channaveerappa Vs. M/s. Krishna Spinners
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for reinstatement with full backwages and continuity of service. Admittedly the claimant was working as badli worker. She is not a permanent or regular employee. The respondent instead of taking action for the absence of the claimant, he simply denied the work to the claimant. The claimant even though raised dispute before the Conciliation Officer, she did not appear before the Conciliation Officer. The claimant herself remained absent from duty w.e.f. 24.06.2005. So, under the facts and circumstances of the case, the claimant is not entitled for backwages, but she is entitled for reinstatement. Hence, I pass the following:
The reference is partly accepted.
The oral termination order dated 22.09.2005 passed by the respondent is set-aside.
The respondent is directed to reinstate the claimant into service within one month from the date of commencement of the award without backwages. ”
3. Learned counsel for the petitioner has submitted
before the Court that, since the order of termination of service
Date of Order: 17.03.2017 in WP No.60302/2011(L-RES) Smt. Irawwa D/o Channaveerappa Vs. M/s. Krishna Spinners
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of the petitioner workman was illegal, the reinstatement ought
to have been allowed to the petitioner with full backwages and this extent, the impugned award deserves to be modified.
The opportunity available to the petitioner before the Conciliation Officer in this regard was also not availed by her, which appears that she remained absent from the duty w.e.f. 24.06.2005 . The reasons assigned by the learned Labour Court are just and proper. Therefore, this Court does not find any sufficient material to reverse those findings, in order to award the backwages to the petitioner.
Date of Order: 17.03.2017 in WP No.60302/2011(L-RES) Smt. Irawwa D/o Channaveerappa Vs. M/s. Krishna Spinners
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writ petition and the same is liable to be dismissed.
dismissed . No costs.
Copy of this order may be sent to the opposite party.
Sd/JUDGE
JTR
3 issues framed by the court
Whether the High Court should award back wages to a badli worker denied the same by the Labour Court.
Whether the High Court should modify the Labour Court order to grant full back wages in a termination dispute.
Whether the petitioner is entitled to back wages given her absence from duty and failure to avail conciliation.
1 provisions across 1 enactments
Smt. Irawwa D/o Channavirappa Sudi
M/s. Krishna Spinners
VINEET KOTHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
