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TMI Blog2024 (11) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... h factual finding of the Labour Court should not normally be disturbed by a Writ Court without compelling reason. Such reasons are absent. Therefore it is felt that the Award in favour of the appellant, granted by the Labour Court, was erroneously disturbed by the learned Single Judge. The appellant is entitled to relief, in terms of the Labour Court s Award dated 09.08.2012 with consequential service benefits. But allowing backwages may not be justified. It is therefore made clear that the reinstated employee, shall not be entitled to any back wages from 16.12.2020, when the learned Single Judge set aside the Award, till he is reinstated. However, the gap period i.e. 16.12.2020 till reinstatement, should be taken into account for all other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the job as the sonin- law, of the land-loser. Also if the findings recorded in the impugned judgment valid and reasonable. 5. On 07.05.1990, the appellant claims to have married one Smt. Ganga, the daughter of Bellanna Venkanna Gowda of Devkar Village, who was the owner of land under Survey No.71/2. A portion of the said land was acquired for the Kaiga Atomic Power Project. Accordingly, the land-loser - Bellanna Venkanna Gowda applied for a certificate for availing a job for his son-in-law Ganapati Bhikarao Naik (the appellant), as part of rehabilitation package. Such a Certificate was granted in favour of the appellant on 21.08.1990 (Annexure R/2) by the Special Land Acquisition Officer, Kali River Project, Dandeli (Uttar Kannada). The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he landloser) and therefore he is disentitled to secure the job intended for a land-loser s family member. The resultant inquiry was answered against appellant and the said decision led to the termination order dated 19.04.2002. The appellate authority and the revisional authority upheld the termination order, which prompted the appellant, to seek a Reference under the Industrial Disputes Act, 1947. 9. The Central Government Industrial Tribunal-cum-Labour Court in the Reference i.e., CR No. 66 of 2007, from the evidence of the witnesses concluded that the appellant had married Smt. Ganga (the daughter of the land-loser - Bellanna Venkanna Gowda) but when the matrimonial relationship became strained and divorce proceeding was initiated, Smt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Single Judge was reached without appropriately considering the divorce proceeding between the appellant and his wife - Ganga. The Court also overlooked the family details recorded by the employer (Annexure R/4) which indicates Smt. Ganga as the wife of the employee. The Ration Card also has the same family details of the appellant. 12. The relevant materials reflecting the marriage of the appellant with Smt. Ganga was however ignored by the Writ Court. The Court also failed to appreciate that the learned Labour Court reached the factual conclusion, after due consideration of the material evidence. Such factual finding of the Labour Court should not normally be disturbed by a Writ Court without compelling reason. Such reasons are absen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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