- 1 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107466 OF 2019 (L-TER) BETWEEN: SHRI. NINGAPPA S/O SHIVAPPA MAGADI, AGED ABOUT 58 YEARS, OCC: SERVICE, R/O: HUBBALLI ONI, TQ: NAVALAGUND, DIST: DHARWAD. … PETITIONER (BY SRI. RAVI HEGDE, ADVOCATE) AND: THE MANAGEMENT OF LINGARAJ EDUCATION ORGANISATION, ROTARY KANNADA AND HIGH SCHOOL, REPRESENTED BY ITS CHAIRMAN, TQ: NAVALGUND, DIST: DHARWAD. … RESPONDENT (BY SRI. K.S. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO KID NO.42/2015, DATED 19.08.2017, VIDE ANNEXURE-D AND GRANT FOLLOWING RELIEFS: ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE AWARD PASSED IN KID NO.42/2015, DATED 19.08.2017, BY THE PRESIDING OFFICER, LABOUR COURT, HUBBALLI VIDE ANNEXURE-D, TO THE EXTENT OF DENIAL OF BACK-WAGES, CONTINUITY OF SERVICE AND OTHER CONSEQUENTIAL BENEFITS AND CONSEQUENT UPON QUASHING THE AFORESAID AWARD TO THE EXTENT PETITIONER IS AGGRIEVED, ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT MANAGEMENT TO PAY FULL BACK-WAGES, CONTINUITY OF SERVICE AND OTHER CONSEQUENTIAL BENEFITS WITH TIME FRAME. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the award dated 19.08.2017 passed in KID No.42/2015 on the file of Presiding Officer, Labour Court, Hubballi1, marked as Annexure-D. 2. The Labour Court partly allowed the claim petition, set aside the termination order passed by the respondent- Management, and directed reinstatement of the petitioner denying back wages, continuity of service and other consequential benefits. 3. Being aggrieved by the said order, the petitioner/workman is before this Court, challenging the award insofar as denial of backwages and other consequential service benefits. 4. The admitted facts would reveal that the petitioner was appointed as a clerk in the respondent-Management in the year 1 For short, ‘Labour Court’ - 3 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 1990-91. On 01.04.2014, the petitioner was terminated from employment. At this juncture, it is admitted that no inquiry was conducted prior to the termination and no retrenchment compensation was paid. Thus, the Labour Court ordered reinstatement in terms of the impugned award dated 19.08.2017. 5. The respondent-Management has accepted the award, and the petitioner was reinstated in 2017. He attained the age of superannuation in 2019. After reinstatement and until his retirement, whatever the service benefits payable to him were duly paid. The petitioner is now before this Court challenging the award insofar as denying the back wages and other consequential service benefits. 6. Learned counsel appearing for the petitioner would submit that, the petitioner was removed from employment without holding any inquiry and without there being any charge framed against him. The Labour Court has recorded a finding that the provisions of Section 25-F of the Industrial Dispute Act, - 4 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 19472, were violated, the Court ought to have awarded full backwages along with consequential benefits and continuity of service. 7. It is urged that the Labour Court has not assigned any valid reasons for denying backwages and continuity of service, but has merely held that, as the respondent is not a profit- oriented institution, the petitioner is not entitled to backwages. 8. Learned counsel appearing for the petitioner would also rely upon the judgment of the Apex Court in Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mahavidyalaya and Others3. 9. Learned counsel appearing for the respondent would urge that the petitioner was reinstated, and was paid salary after reinstatement till the age of superannuation. Though the respondent had the grounds to challenge the award, has not chosen to challenge the award and took a lenient view. The Labour Court was justified in denying the backwages, as the 2 For short, ‘Act of 1947’ 3 (2013) 10 SCC 324 - 5 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 respondent-Management is a charitable institution and not an institution established with a profit motive. 10. The Court has considered the contentions raised at the Bar and perused the records. 11. It is an admitted fact that no charges were levelled against the petitioner, while he was terminated from employment on 01.04.2014, and compensation payable under the provisions of Section 25-F of Act of 1947 was not paid. 12. In Deepali Gundu Surwase (supra) the Apex Court has held that if a person is removed form employment without holding any enquiry then the reinstatement is to be ordered with full backwages. Though the said judgment is rendered in the realm of service jurisprudence, the principle can be applied in appropriate cases under labour jurisprudence. 13. It is noticed that the Labour Court has denied back wages on the premise that the respondent-Management is not a profit oriented institution, and it cannot be a ground to deny the backwages. - 6 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 14. Considering the fact that the petitioner's claim of not being gainfully employed during the period of termination was not seriously disputed during his cross-examination, and no evidence was led by the respondent-Management, the Court is of the view that awarding 50% backwages with interest would meet the ends of justice. The respondent shall pay 50% backwages at the rate of 6% per annum from the date of award, i.e., 19.08.2017, till the date of payment. 15. Since the reinstatement is ordered on the premise that there are no grounds for terminating the employment, the petitioner is also entitled to continuity of service and other consequential benefits for the said period. The amount due to the petitioner shall be paid within three months from the date of the receipt of the certified copy of this order. 16. Hence, the following: ORDER a) The writ petition is allowed in part. - 7 - HC-KAR NC: 2025:KHC-D:15880 WP No. 107466 of 2019 b) The award dated 19.08.2017 passed in KID No.42/2015 on the file of Presiding Officer, Labour Court, Hubballi, is modified. c) The respondent-Management shall pay 50% backwages, and the petitioner is entitled to continuity of service, and other consequential benefits. d) The amount payable to the petitioner shall carry interest at the rate of 6% per annum from 19.08.2017 till the date of payment. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 60