1 IN 1ifl HIGH COT OF KARNTKA AT BAALGE DATED THIS ThE 4TH DAY OF JUNE 1998 Before 2 THE HON’BLF 1(,JUSTICE G.PATRI BASAVANA GUll) WRIT PEIITION 2 1, The arnataka State Road Transport Corporation Central Offices, Bangalore36O 027. by it 8 Chief Law Officer. 2, The Dy,General Manager & Divisional ontroller Kolar Division, Kolar, ., retitioners ( By Sri,V,Hukunda Menon, Advocate ) And : 1. M, Syed Nazeer, s/o Syed Mohiuddin, Dadaki Nala PC) Gubb i, Tunic ur list. 2. The Presiding Officer Labour Court, Bangalore56O 009. ,, Respondentg S S This Writ Petition is filed under Articles 226 & 227 of the Constitution of India iraying to quash Annexure—’D’ dated 25.11.89 bearing No.90/87 to the extent it y,nfers continuity of service on the delinquent workman as r hi s rexking in the select list of Badli cnductors in his present employment. This V.P. coming on for final Lv ar ing this d, the Court made the following 2 : 2 :— OR DER On the ground that, inspLte of his having pat in continuous service wi thin the meaning of Section 25-B of the Industrial Disites Act, 1947 (‘Act’ for short), his services can to be terminated without compliance with Section 25—F of the Act, the 1st respondent raised an industrial dispute, that came to be referred to the Labour Court, Bangalore, By then, it O happened that the 1t respondent.workman had also been taken back into service. All that he rrayed for be fore the Labour Cour t, therefore, was that, he would give up back wages and that he be given the benefit of contLnuity of service. Since the le arned counsel for the employer KSRTC also conceded this position, as clearly observed by the Labour Court in the impugned award, the Labour Court had no occasion to go into ether aspects, The Labour Court, therefore, by it 8 award dated 25.11.1989 at AnnexLre-’D’, specifically mentioning that the learned counsel for the KSRTC had no objection for givi zig the bene ±1 t of ntinui ty of service as per the r axici ng of workman in his select list of Badli Conductors in lieu of the workman —: giving up back wages, passed an award holding that 1 workman is entitled to get the benefit o f c onti noi ty o f service as per hi s r arki ng in the select list of Badli conductors. 2. In view of tbi position and parti cularly in the light of the award having been Passed on the learned counsel for the K$RTC before the Labour Court conceding to the po siti on, any- fur ther o hail enge to t be said award as has now been done under Articles 226 & 227 of the Constituion at the instance of the management-KSRTC would not lie. 3, Writ petition is dismissed. 4 ,fr JUDGE I. a9Y Bk/