A workman challenged the Labour Court's dismissal of his claim that the employer refused him employment from 07.05.2009. The High Court found no evidence of refusal; rather, he declined to join duty when called. Finding no ground to interfere, the writ petition was rejected.
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.
NC: 2024:KHC:26645 WP No. 51115 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 51115 OF 2014 (L-TER)
BETWEEN:
SRI. P.P.MOHANAN S/O DEVAN, AGED ABOUT 42 YEARS, R/AT NO.85, 5TH CROSS, 27TH MAIN, JBM NAGAR, BTM LAYOUT, 1ST STAGE, BANGALORE-560 078.
…PETITIONER
(BY SRI. MATHEW.P.M., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
M/S. KIRAN POWER RECTIFICATION SERVICES PVT LTD., NO. 564/B, N.S.PALAYA, BTM LAYOUT, 2ND STAGE, BANNERGHATTA ROAD, BANGALORE-560 076.
(SERVED AND UNREPRESENTED)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:26645 WP No. 51115 of 2014
ORDER
Sri.Mathew.P.M., learned counsel for the petitioner has appeared in person.
3. The short facts are these:
The petitioner filed a claim statement contending that he was appointed as Winder in the year 1992 in the M/s.Kiran Power Rectification Services Private Limited. He worked continuously, sincerely and honestly and to the entire satisfaction of the Management. It is also contended that he was provided with ESI and PF benefits, however, the Management started ill-treating him and on one fine day he was asked to get out of the premises. The petitioner specifically contended that there is a refusal of employment from 07.05.2009. Hence, he was constrained to raise a dispute before the III Addl. Labor Court, Bengaluru in Reference
No.04/2010. The Management filed its counter statement and denied the allegations. The Labor Court vide award dated:04.01.2013 dismissed the claim petition. It is this award that is called into question in this writ petition on several grounds as set out in the memorandum of a writ petition.
arguments strenuously urged that the Labor Court has not appreciated the issue from the right perspective. Counsel therefore, submits that an appropriate order may be passed.
petitioner contends that he was appointed as a Winder in the respondent Company. A perusal of the award reveals that the petitioner has not furnished any documents to show that there was a refusal of the employment by the Management. Except for ESI and Insurance Policies, there is nothing on record to show that there was a refusal of the employment. Furthermore, the Management called upon him to come and join the duty,
NC: 2024:KHC:26645 WP No. 51115 of 2014
however, he refused to report to duty saying that he is not interested in joining the duty. The Labor Court took note of the material evidence on record and justified in concluding that the petitioner is not willing to join the duty and also failed to substantiate his case. In my view, the dismissal of the claim petition is just and proper. I find no grounds to interfere with the award of the Labor Court. For the reasons stated above, the Writ Petition is devoid of merits and it is liable to be rejected.
Sd/JUDGE
MRP List No.: 1 Sl No.: 34
1 issue framed by the court
Whether the Labour Court's award dismissing the workman's claim of refusal of employment from 07.05.2009 was sustainable.
Sri. P.P. Mohanan S/o Devan
M/s. Kiran Power Rectification Services Pvt Ltd
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
