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North West Karnataka Road Transport Corporation Vs. H.B. Nadiger

Court : Karnataka

Reported in : ILR2001KAR2650; (2001)ILLJ998Kant

..... this writ appeal has been preferred by the karnataka state road transport corporation challenging the order of the learned single judge, who has affirmed the award of the labour court directing reinstatement of the respondent conductor, who was admittedly found to be guilty of misappropriation and pilfering corporation's revenue collected by way of fare from the passengers ..... the present case, as has been noticed even by the learned single judge it had been admitted by the respondent conductor before the labour court that he has been punished for his proved act of misconduct pursuant to a fairly conducted departmental enquiry.12. ..... accordingly, we set aside the order of the learned single judge and quash the award of the labour court, restoring the order of the disciplinary authority awarding the major punishment of dismissal against the ..... relation to the charge of non-issuance of tickets despite collection of fares from the passengers for proving misconduct of pilferage committed by the delinquent and non-examination of passengers during the domestic enquiry or before the labour court, in case the enquiry is found to be defective, cannot be taken to be a ground for disproving the charges. ..... it has been held by the supreme court that for interference either by the labour court or by the high court with the punishment imposed by the management against the workman, it must be found that it was in any way 'shockingly disproportionate' to the nature of the charges found proved against .....

The Management Of Vs. The Secretary

Court : Karnataka

..... shri k.r.anand, for the management, urged the following contentions in support of this petition: that labour court in bengaluru lacks jurisdiction to adjudicate the reference because, the services of workman were terminated whilst he was posted at pondicherry; and that there is a delay of four years in initiating conciliation proceedings by the workman.8 ..... filed a claim petition under section 2a read with section 12(1) of the industrial disputes act, 1947 ( id act for short) before the labour and conciliation officer, division-6 at bengaluru, contending inter alia, that he was illegally terminated. ..... ashok upadhya petitioner (by sri k.r.anand, advocate) the secretary ministry of labour government of karnataka vikas soudha bangalore-560 001 mr k.n.kumar s/o k.k.nagaraj no.2/1, venkataswamappa lane chikkamavali bangalore-560 004 ...respondents (by sri a.c.balaraj, hcgp for r1; sri t.narayanaswamy, advocate for r2) and:1. ..... the management challenged the award of the labour court primarily on the ground that the labour court at delhi did not have territorial jurisdiction as the workman at the time of his termination was posted at ..... the management challenged the award passed by the labour court before the high court and the high court quashed the award and the workman challenged the same before the hon ble w.p.no.10532/2008 7 supreme ..... , applying the ratio of the authorities referred to herein, i am of the considered view that, the labour court at bengaluru, does not have jurisdiction. .....

Smt Aruna Kannur Vs. The State Of Karnataka By

Court : Karnataka

..... lack of education and poverty result in child labour.67. .....

Ramalingaiah Vs. State Of Karnataka

Court : Karnataka

..... lack of education and poverty result in child labour.67. .....

A.G. Chandrappagol Vs. the Assistant Executive Engineer, Ghataprabha R ...

Court : Karnataka

Reported in : 2004(1)KarLJ353; (2004)IILLJ460Kant

..... is no doubt true that in appropriate cases as held by this court in aforesaid two decisions, such steps could be taken by the labour court or the industrial tribunal as the case may be where there is no (such) dispute as to relationship between the parties as employer ..... from the aforesaid decisions:(i) in regard to an 'industrial dispute' between the employer and workmen in regard to terms of employment or conditions of labour (other than deemed industrial disputes relating to individual workman), normally the claims do not become stale. ..... pandit's case, supra, to contend that there is no period of limitation prescribed under the industrial disputes act to raise the dispute and it is open to a party to approach the court even belatedly and the labour court or industrial tribunal can properly mould the relief by refusing or awarding part payment of back wages. ..... he pointed out that the said decision did not consider the jurisdiction and power of labour court to decide whether the claim existed or had became stale by the time the ..... the appropriate government could reject the request for reference of a dispute, or if referred, the labour court /industrial tribunal could reject the reference, on the ground that the dispute was stale or had ..... even in a case where the delay is shown to be existing, the tribunal, labour court or board, dealing with the case can appropriately mould the relief by declining to grant back wages to the workman till the date he raised the demand regarding his illegal .....

The Executive Engineer, Pwd, Vs. Sri H.S. Sharaschandra S/O M.S.S. Raj ...

Court : Karnataka

Reported in : [2007(115)FLR941]; ILR2007KAR5368; 2007(5)KarLJ589; 2007(4)AIRKarR655

..... on merits he submitted that exts.w1 and w2 are the proof of the fact that the respondent had worked for 240 days and the labour court taking into consideration of the services rendered by the respondent and also taking into consideration the delay has moulded the relief by directing reinstatement of the respondent as a daily rate ..... bank canal construction sub-division, hidkal, belgaum district reported in 2004 (1) kar.l.j 353 and submitted that the delay of 13 years in making an application before the labour officer seeking conciliation and reference of dispute to the labour court is held to be fatal and the division bench of this court has held that such dispute becomes stale. ..... earlier judgments has held that the issue regarding delay is required to be considered by the labour court and the labour court cannot abruptly arrive at a conclusion as regards the delay without any justifiable reasons.18 ..... the aforesaid decisions:(i) in regard to an industrial dispute between the employer and workman in regard to terms of employment or conditions of labour (other than deemed industrial disputes relating to individual workman) normally the claims do not become stale. ..... executive engineer, pwd reported in 2005-iii-llj 522 and submitted that, if the labour court comes to the conclusion that the termination is illegal, the labour court can suitably mould the relief by taking into consideration of the delay and further submitted that even in the case of delay, it is always open to the court .....

Karnataka State Road Transport Corporation, Kolar Division. Vs. Mohamm ...

Court : Karnataka

..... finding that, charged misconduct has not been established by examining any one of the members of the checking squad who checked the bus on 13.9.1994, the labour court allowed the claim petition and set aside the order of dismissal dated 11.4.2001. ..... the date of reinstatement was upon the respondent- since the respondent has failed to discharge the burden of proof with regard to he being not gainfully employed by examining any other person in corroboration of his evidence, the labour court was not justified in directing payment of 50% backwages by the management to the workman i.e. ..... having heard the learned counsel on both sides, the point to be considered is: whether the labour court is justified in awarding 50% backwages from 11.4.2001 till the date of reinstatement?5. ..... , the date on which he was reinstated into service subject to the result of the writ petition, the award passed by the labour court directing 50% of backwages being unwarranted. ..... in all other respects, the award passed by the labour court remains in tact. ..... the labour court, incidentally denied 50% of backwages to the workman. .....

Sri G.M.Nagaraja, S/O. Maranna, Garani. Vs. the Divisional Controller, ...

Court : Karnataka

..... in the instant case, the management having chosen to establish the charge against the petitioner before the labour court, the non-holding of enquiry by the respondent against the petitioner has not violated the rights of ..... clear that there will he no justification for any party to stall the final adjudication of the dispute by the labour court by questioning its decision with regard to the preliminary issue when the matter, if worthy, can be agitated even after the final award, it will be also legitimate for the high court to refuse to intervene ..... therefore, clearly of opinion that when a case of dismissal or discharge of an employee is referred for industrial adjudication the labour court should first decide as a preliminary- issue whether the domestic enquiry has violated the principles of natural justice. ..... lastly, the punishment imposed being too severe and disproportionate, the reasons assigned by the labour court even to refuse to exercise its discretionary power under s.11-a of the act is arbitrary and has resulted in substantial ..... a case of pilferage and the case being not one alleging that the petitioner has failed 'to issue and start', the labour court without appreciation of the case, has erroneously dismissed the petition. ..... the petitioner being unsuccessful in the claim made before the labour court under s.10(4-a) of the industrial disputes act, 1947 (for short 'the act') seeking to set-aside the order of removal dated 20.12.1999 passed by the respondent, has filed this .....

N.M. Naik Vs. the Presiding Officer, Labour Court, Hubli and Another

Court : Karnataka

Reported in : 1998(1)KarLJ711

..... and another, it was held that though ex parte decision was possible under rule 22 of the industrial tribunal (central) rules, 1957, the labour court cannot, by making arule or otherwise, absolve itself of the duty to determine the industrial dispute referred to it on merits, that the said rule 22 would only enable the labour court to proceed as if a party had duly attended or had been represented, even if such a party is absent and if sufficient cause ..... the inevitable conclusion to be reached, therefore, is that, though, in view of rule 22 of the rules as earlier referred to, even where the workman remainsabsent, the labour court/tribunal can proceed to deal with reference, such dealing with the reference shall have to be for the purpose of determination of reference on merits so that the order that it eventually passes could be termed an ..... being an 'award' within the meaning of section 2(b) of the act, the industrial dispute concerned very much remained to beadjudicated upon, and the petitioner-workman having approached the labour court in exercise of his right under section 10(4-a) of the act, had the right to have the said dispute determined on merits. ..... it was observed that in cases wherein disputes are referred for adjudication before the industrial tribunal as between labour and the management, it would invariably result in denial of justice if, merely on the ground of absence before the tribunal on a particular date of hearing, the reference itself is rejected and the very .....

New India Assurance Company Limited and anr. Vs. Subhas

Court : Karnataka

Reported in : 2005ACJ479; 2004(5)KarLJ7

..... if he was a manual labourer (say a loader who has to lift and carry goods), he will no longer be able to function as a loader and his income from such job would become nil after the accident. ..... he is not to work as a sweeper or a manual labourer. .....