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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 ..... of 2022 and 12702 of 2022. The said case relates to whether a Writ Appeal before the Division Bench is maintainable from the judgment of the Single Judge in the Writ Petition, challenging the Award of the Labour Court, as in the present case. 3. This Court is called upon to examine the legality of the judgment dated 16.12.2020 passed by the learned Single Judge, setting aside the Award dated 09.08.2012. Therefore we feel that this Court need not await the outcome of the decision in Management of Bharat Fritz Werner Ltd., Bangalore, which pertains to intracourt appeal before the Division Bench, challenging the order of the learned Single Judge arising out of an Award passed by the Labour Court. 4. The core issue in the present case is whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to the Senior Manager (Administration & Labour Relation) (Annexure R/6) stated that although his daughter Smt. Ganga, being mentally disturbed, is currently not staying with his son-in-law in recent times, neither he nor his family members, have any objection for confirmation of the job of the appellant, at the Kaiga Atomic Power Project. 7. The appellant around that period, filed an application under Section 13 of the Hindu Marriage Act, 1955 seeking divorce from Smt. Ganga. The said proceeding concluded with a consent decree of divorce granted on 16.06.2001. 8. In the meantime, on account of the estrangement between the appellant and his wife and the divorce proceeding initiated by appellant, his father-in-law made complaints, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kaiga in imposing the penalty of removal from service on Shri Ganapthi B Naik w.e.f. 19.04.2002 is illegal and not justified and that he is entitle for reinstatement with full back wages, continuity of service and all other consequential benefits that he could have received in the absence of the impugned order of removal from service." 10. The aggrieved Management then filed the W.P. No. 71540 of 2012 (L-TER) to challenge the said Award. The Writ Court had no occasion to stay the Award and instead on 06.06.2014, passed an interim order to ensure remittance of wages payable to the appellant. However under the impugned final judgment dated 16.12.2020 the learned Judge reached the conclusion that the appellant had misrepresented that he is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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