BENGALURU: When the workman has availed the right of a statutory appeal as also right of filing a claim petition under section 10 (4-A) of Industrial Disputes Act, in the event of either one of the proceedings being disposed, the other proceedings would become infructuous and be required to be dismissed as such, the Karnataka high court ruled in a recent judgement.
Justice Suraj Govindaraj made this observation while allowing the petition filed by state-run Karnataka State Road Transport Corporation ( KSRTC).
"The only option that was available for the workman was to report to duty and not keep the industrial disputes pending knowing fully well that the statutory appeal had been disposed in his favour. It was for the workman to have reported to duty immediately after the order has passed or at least after the call notice was issued" the judge has added while rejecting the rival petition filed by one BS Suresh,a driver.
"I am of the considered opinion that the Labour Court (at Mysuru) could not have entertained the Complaint (in) 2004 since, by that time, the statutory appeal had already been disposed and the allegations made in the complaint being that the order of forfeiture dated February 18,1998 which had been passed on account of the workman not reporting to work in compliance of the call notice dated April 15,1995, the workman had forfeited the right for reinstatement granted in the statutory appeal and could not have been considered since it is the workman who had defaulted in reporting to work" the judge has further noted in his order.
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