R.M. YELLATTI versus THE ASST. EXECUTIVE ENGINEER

R.M. YELLATTI versus THE ASST. EXECUTIVE ENGINEER

The appellant had worked continuously for more than 240 days prior to termination, as proved by his testimony and certificate; management suppressed relevant muster roll records; appellant entitled to reinstatement with 50% back wages under section 25-F of Industrial Disputes Act; Division Bench of High Court erred...

Source-derived case information.

Parties
Appellant: R.M. Yellatti; Respondent: The Asst. Executive Engineer (SD-I), Athani
Jurisdiction
India
Judgment Date
07 November 2005
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Karnataka High Court
Outcome
Appeal allowed
Legal Topics
Retrenchment, Reinstatement, Industrial Disputes Act, Continuous Service, Daily Wage Worker, Burden of Proof
Labour and Services Retrenchment Reinstatement Industrial Disputes Act Continuous Service Daily Wage Worker Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R.M. Yellatti

Appellant

The Asst. Executive Engineer (SD-I), Athani

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Karnataka High Court

Legal Issues

  1. 1 Whether the appellant had worked continuously for more than 240 days prior to termination
  2. 2 Whether appellant was rightly terminated under the Industrial Disputes Act
  3. 3 Whether the Irrigation department is an industry under the Industrial Disputes Act

Ratio Decidendi

The appellant had worked continuously for more than 240 days prior to termination, as proved by his testimony and certificate; management suppressed relevant muster roll records; appellant entitled to reinstatement with 50% back wages under section 25-F of Industrial Disputes Act; Division Bench of High Court erred by interfering with concurrent findings of fact.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Division Bench of Karnataka High Court set aside
  • Award of Labour Court dated 27.10.1999 in ID Reference No.59/97 restored