High CourtsDivision Bench(2012) 08 KAR CK 0078

The Range Forest Officer (Local) Srinivasapur Kolar District, The District Forest Officer Kolar District, Kolar and The Chief Conservator of Forest "Aranya Bhavan", 18th Cross Malleshwaram Bangalore-560003 vs N. Narayan Swamy

Karnataka High Court · Decided on 14 August 2012

HON’BLE JUDGES
Vikramajit Sen, C.J · Aravind Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 1176 of 2012 (L-TER)

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Judgment

3 paragraphs · 172 words

Vikramajit Sen, C.J.—This appeal assails the order of learned Single Judge in which the plea for reinstatement was turned down on the ground that Respondent was a daily wager, appointed as temporary workman, and not against vacant post it was for this reason that decision of the Labour Court denying reinstatement was upheld. After doing so, learned Single Judge has taken note of the fact that Respondent was working uninterruptedly from 1983-1990. In Chief Conservator of Forests vs. Jagannath Maruti Kondhare, 1996(1) Mi., 1223, three Judge Bench of Hon''ble Supreme Court had rejected the argument that Forest Department is synonymous to sovereign functioning; that the Industrial Courts could be approached in case of unfair labour practice.

2.

Learned Single Judge has returned a finding that there is no compliance of Section 25F of the Industrial Disputes Act, J 947. The grant of lumpsum compensation of Rs. 1 lakh was therefore not found to be illegal. We find no perversity in the impugned order.

Writ Appeal is devoid of merit and is dismissed.