Karnataka High Court
The Management Of Woodlands Hotel ... vs Sri K Shivaji on 4 September, 2012
Author: K.L.Manjunath
Bench: K.L.Manjunath
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W.A. No.2171/2007 C/w
W.A. No. 452/2008 (L-TER)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY OF SEPTEMBER 2012
PRESENT
THE HON'BLE MR. JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
W.A. No.2171/2007 C/w W.A. No.452/2008 (L-TER)
In W.A. No.2171/2007 :
BETWEEN :
THE MANAGEMENT OF
WOODLANDS HOTEL PRIVATE LIMITED
NO.5. RAJARAM MOHAN ROY ROAD
RICHMOND CIRCLE
BANGALORE-560 022
REP.BY ITS MANAGING DIRECTOR
SRI.K. VASUDEVA RAO. ...APPELLANT
(By SRI. K K VASANTH, ADV.)
AND :
SRI K SHIVAJI
AGED ABOUT 48 YEARS
C/O K.NARAYAN TAILOR
ASHAJYOTHI NIVAS
PO SACHERI PATAE
VIA MUNDKOOR
KARKALA TALUK, S.CANARA. ...RESPONDENT
(By SMT. H. MANGALAMBA RAO, ADV.)
This Writ Appeal is filed under Section 4 of the Karnataka High
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W.A. No.2171/2007 C/w
W.A. No. 452/2008 (L-TER)
Court Act, prays that this Hon'ble Court be pleased to call for records in
W.P. No.6066/2004 on the file of the learned Single Judge, hear the parties
and set aside the orders passed by the learned Single Judge in W.P.
No.6066/2004 dated 05.09.2007.
In W.A. No. 452/2008 :
BETWEEN :
K SHIVAJI, AGED ABOUT 47 YEARS
C/O K NARAYAN TAILOR
ASHAJOTHI NIVAS
PO SACHERI PATAE, VIA MUNDKOOR
KARKALA TALUK, S. KANARA. ...APPELLANT
(By SMT. H MANGALAMBA RAO, ADV.)
AND :
THE MANAGEMENT, WOODLANDS
HOTEL PRIVATE LIMITED
NO 5 SAMPANGI TANK ROAD
BANGALORE-560 025. ...RESPONDENT
(By SRI. K K VASANTH, ADV.)
This Writ Appeal is filed under Section 4 of the Karnataka
High Court Act, prays that this Hon'ble Court be pleased to allow this
writ appeal and consequently set aside the impugned order dated
05.09.2007 in W.P. No.6066/2004 to the extent of denial of
consequential benefits, continuity of service effective from the date
of dismissal and full back wages and grant consequential benefits,
continuity of service and full back wages.
These Writ Appeals coming on for Final Hearing this day,
K.L.MANJUNATH.J., delivered the following :
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W.A. No.2171/2007 C/w
W.A. No. 452/2008 (L-TER)
JUDGMENT
The legality and correctness of the order passed by the learned Single Judge in W.P.No.6066/2004 dated 05.09.2007 is called in question in these appeals.
2. W.A.No.2171/2007 is filed by the Management challenging the order of the learned Single Judge in directing the appellant to reinstate the respondent and to pay backwages of 10% from the date of dismissal till he is taken on duty and granting continuity of service for the purpose of terminal benefits. W.A.No.452/2008 is filed by the workman on the ground that withholding of 10% backwages is bad in law and he is entitled for full backwages. In the circumstances, these two matters are heard together.
3. At the outset, it is noticed by this Court that pursuant to the order of the learned single Judge, the employee-workman has been reinstated into service. Therefore, the only question in these two appeals is :
"Whether the Management has to be directed to 4 W.A. No.2171/2007 C/w W.A. No. 452/2008 (L-TER) pay full backwages or awarding of 10% backwages has to be set aside?"
4. Having seen the nature of charges levelled against the respondent, they are of flimsy in nature. However, without holding proper enquiry, he was dismissed. The order of dismissal has been confirmed by the Labour Court. The learned Single Judge has set aside the same on the ground that considering the nature of charges levelled against a workman, the order of dismissal is harsh. In other words, the learned single Judge has also concurred with the findings of the Labour Court in holding that some of the charges levelled against the workman as proved.
5. Therefore, considering the nature of allegations in the charge memo, if the learned single Judge has ordered for reinstatement by modifying the order of dismissal as harsh and awarding 10% backwages, cannot be interfered with by this Court lightly.
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W.A. No.2171/2007 C/w W.A. No. 452/2008 (L-TER)
6. Accordingly, both the appeals are dismissed.
Sd/-
JUDGE.
Sd/-
JUDGE.
JT/-